Financial gift to get married...what about benefits?

antrobus

star2sparkle wrote: »

.... Yet someone was still malicious enough to report her and she is undergoing fraud investigation.

That's kinda of a crucial fact. Has 'the girl' already been interviewed under caution?

If the DWP already know about the gift and are investigating the recipient for fraud, then there is really only one thing to do; get a solicitor.

Dunroamin

antrobus wrote: »

That's kinda of a crucial fact. Has 'the girl' already been interviewed under caution?

If the DWP already know about the gift and are investigating the recipient for fraud, then there is really only one thing to do; get a solicitor.

Well, the other alternative is to be totally honest about the facts, which doesn't need to involve a solicitor.

jancee_2

It was 'all done in one day'?

The money was allegedly paid into her account. She wouldn't have been able to access it until it cleared surely?

And what sort of arrangements for a wedding are done in one day? Ceremony, venue, reception - all have to be booked in advance. Banns have to be put up three weeks in advance.

Come on.

PippaGirl_2

As the amount of money was given away shortly before the giver died, it will need to be declared and is liable to be taxed by the estate too. Unless it was less than £3000 I think unless amounts have changed?

gingergee

"mens rea" Isn't that intention to do something? I agree, im getting married next year and noting so far (bar my dress and deposit for holiday) has been paid in full. This post has confuzzled me x

lighting_up_the_chalice

star2sparkle wrote: »

......... No one was dishonest at all .............. She wasn't dishonest..........

She will have signed any number of forms with a declaration not only that the information already provided was accurate, but that she would notify them of any change in her circumstances. She didn't.

Valli

PippaGirl wrote: »

As the amount of money was given away shortly before the giver died, it will need to be declared and is liable to be taxed by the estate too. Unless it was less than £3000 I think unless amounts have changed?

from HMRC

Wedding gifts/civil partnership ceremony gifts

Wedding or civil partnership ceremony gifts are exempt from Inheritance Tax, subject to certain limits:

• parents can each give cash or gifts worth £5,000
• grandparents and great grandparents can each give cash or gifts worth £2,500
• anyone else can give cash or gifts worth £1,000

You have to make the gift - or promise to make it - on or shortly before the date of the wedding or civil partnership ceremony. If the ceremony is called off and you still make the gift - or if you make the gift after the ceremony without having promised it first - this exemption won't apply.


So there would be no tax implications if the parents had jointly given £10K

Mojisola

Valli wrote: »

So there would be no tax implications if the parents had jointly given £10K

The problem isn't with IHT on the parents' estate but means tested benefits that the daughter was claiming.

rogerblack

Dunroamin wrote: »

Well, the other alternative is to be totally honest about the facts, which doesn't need to involve a solicitor.

This can be barking mad advice.
It works, if the DWP official investigating takes a proper investigatory role, and tries to work out the truth as regards entitlement, with proper regard to the law.

If they do not, perhaps ask leading questions with the intent to get an answer they can read as 'guilty' -and then stop questioning, without properly explaining the law, you can be in serious trouble, even if what you did is permitted by the regulations.

If the amount of possible benefit overpayment exceeds 2000 pounds or so (the usual threshold of criminal prosecution), a solicitor or other adviser is really importnat.

Valli

Mojisola wrote: »

The problem isn't with IHT on the parents' estate but means tested benefits that the daughter was claiming.

My answer about the gifting of money (and tax implications on the estate of the giver) was in response to this -

PippaGirl wrote: »

As the amount of money was given away shortly before the giver died, it will need to be declared and is liable to be taxed by the estate too. Unless it was less than £3000 I think unless amounts have changed?