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inheritance and jsa

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Comments

  • Dufc_3
    Dufc_3 Posts: 2 Newbie
    edited 6 October 2012 at 7:29PM
    Its a lump sum, it literally wont be in my bank or anymore than a day anyway. And all i really get in my bank is my JSA allowance, and 50 quid a month from my mum. Up until now this is the only "large" sum of money I will have had in my bank account since signing on.Its just I seen on the direct gov website that I must tell them if:"
    • inheriting or unexpectedly coming into money"
    So just to be sure this will not affect my benefit, nor will I get a letter in a few months time from customer compliance for this?


    Appreciate all the advice guys.
  • Lucky94
    Lucky94 Posts: 84 Forumite
    I'm going to be getting a cheque soon which will take my savings over £6,000. I phoned DWP and asked about this, I was told that YES I would have to declare it (which I already knew) I was told to go into an office and take a bank statement which shows the cheque going into my account.

    I asked if I would be able to open an account for my children and share some with them, I was told no this could look like DOC unless the money was willed to them. I asked could I actually spend the money? Yes of course if I need a new car then buy one, if I needed a new sofa, bed, carpets then go ahead and buy them but to keep receipts just incase they ask to see them. I was told that I am allowed to spend my money otherwise what was the point of having it. Just to go sensible and not to give any away to friends, family etc.
  • benefitbaby
    benefitbaby Posts: 1,099 Forumite
    Long standing legal authorities mean the test for deprivation is whether the monies were disposed of with “...a significant operative purpose…” to obtain, or increase, benefit.

    What matters is the reason/s for buying the car/paying off debts etc. If part of the reasoning (it doesn’t have to be the main reason) is significantly purposeful to bring you into benefit entitlement, that would almost certainly be deprivation.

    However, if obtaining / increasing benefit was not a significant operative purpose behind the purchase of the car/paying off loans, benefit should be payable. e.g. if your old car was damaged beyond repair, or your debts became due.

    The “deprivation” provision is not discretionary - it is a judgement call by the decision making authority and such calls must be made reasonably on the balance of probability.

    If it is determined that you have deprived yourself of capital (and you are subsequently treated as still having it - notional capital) then appeal rights exist.
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