Deprivation of capital question

Almost-free

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rogerblack

Bit complex.
Firstly, you cannot deprive yourself of capital you do not have.
If someone else chooses to pay off your mortgage, without any legal obligation that could force them to, and you never receive the money as actual cash - the question of deprivation does not arise.

It would be complicated if it were your husbands assets - as the view might be taken that you could through the process of divorce get the settlement as cash.
If it's a legally uninvolved third party - then this question does not arise.
Ideally the brother would pay off the mortgage directly, without it passing through your husband or your accounts.
http://www.dwp.gov.uk/docs/dmgch29.pdf

[Deleted User]

imho he should not be let off paying maintenance

RAS

The clean break would only actually be valid for a short while.

lazer

while it seems like a good idea - your husband would be crazy to agree, as you could simply ignore the agreement and go to the CSA at any time.

However, the situation is entirely to your advantage, and has no risk from your point of view.

paddedjohn

Is he going to pay your mortgage off in one go or make payments each month?

Gentile

If there is equity why don't you sell the house and split the proceeds? This seems designed to let him off the hook from paying CM

superbigal36

I thought CSA automatically chased absent parents when IS was involved.
Has that changed ?

zoominatorone

You yourself are claiming for being ill, but are being paid to be the carer of your youngest child? Is that correct or have I read it wrongly?

Mojisola

superbigal36 wrote: »

I thought CSA automatically chased absent parents when IS was involved.
Has that changed ?

Yes, years ago.

benefitbaby

Putting aside the child maintenance issue, the scenario you propose would have no impact on your benefit entitlement because child support is not taken into account when calculating entitlement to IS, CA this is because it is disregarded income.