DLA benefit question please ?

EnfieldP17

Hello again.
I am registered disabled and receiving DLA benefits. Could anyone familiar with DLA rules please advise me on the following?

My brothers employer wants him to go to work overseas for up to one year and he wants to make me joint holder on his main bank account. This will mean that I can act on his instructions while he is away.

None of the money in the account will be mine. I will not be able to use any of the money for myself. I will not receive any type payment or reward for doing this.

I seek to confirm
( 1 ) If this will have any effect on my DLA benefits?
( 2 ) Will I be required to declare this situation to the DLA?

My brother has now written to the DLA three times, has received only one reply, which did not answer either question.

I have telephoned the DLA twice on this question. They said ( both times ) that because DLA is a non taxable benefit, this will not have any effect on my benefits, but one said that I would have to declare, the other that I would not.
Can anyone clarify this please?

Many thanks, Pauline

bryanb

DLA is not means tested, if that's your only benefit - no problem, no need to declare anything.

rogerblack

In addition, if it is not legally your money to access, it does not count as capital from a benefits point of view.
Just because you have the authority to access money does not mean you have the legal right.

It's best to get something explaining the situation in writing just in case.

Poppie68

You still need to inform them that you are going abroad as DLA can usually only be claimed upto 26 weeks weeks from the date you leave the UK the DWP will determine if your absence will be temp or perm.

marliepanda

Poppie68 wrote: »

You still need to inform them that you are going abroad as DLA can usually only be claimed upto 26 weeks weeks from the date you leave the UK the DWP will determine if your absence will be temp or perm.

Have another read :P

elsien

Doesn't having your name put on the account as a joint account holder make any money in it yours as well as his though, so it would be legally yours to access?
If that's not the arrangement either of you want, then are there alternatives other than joint account holders you could look at, such as a letter of authorisation/ third pary mandate to the bank? That might suit your purposes better - he'd need to ask his bank what they'll accept in these circumstances.

rogerblack

elsien wrote: »

Doesn't having your name put on the account as a joint account holder make any money in it yours as well as his though, so it would be legally yours to access?

No.
A joint account may have the money accessible by either party for any purpose - and that would indeed count (part of it) as your capital.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251811/dmg-vol5-ch29.pdf - is relevant.
Search for 'Pradeep'.

In short - if the money is held for another - it's their capital - not yours.

To have it otherwise would be insane, as you could simply give capital to a third party and claim means-tested benefits.

If it was still counted as someone elses capital - and your capital - that would be double counting.

EnfieldP17

Thank you all for the replies.

I am still not entirely sure of the situation here and a reply in writing from the DLA would be really helpfull, though it seem less and less likely that one will be forthcoming.

Will have to review the situation when and if my brothers trip is confirmed.

Thanks again, Pauline.

bryanb

EnfieldP17 wrote: »

Thank you all for the replies.

I am still not entirely sure of the situation here and a reply in writing from the DLA would be really helpfull, though it seem less and less likely that one will be forthcoming.

Will have to review the situation when and if my brothers trip is confirmed.

Thanks again, Pauline.

My post (2) is the definitive answer to your specific questions, the rest are just people trying to answer questions you didn't ask.

elmer

As DLA does not take any capital into account when being awarded, I would doubt if they would give you a reply concerning capital.

I work in HB and would not give a decision on something that was irrelevant to the decision I make in case it is misinterpreted.

elmer

Mojisola

EnfieldP17 wrote: »

I am registered disabled and receiving DLA benefits. Could anyone familiar with DLA rules please advise me on the following?

My brothers employer wants him to go to work overseas for up to one year and he wants to make me joint holder on his main bank account. This will mean that I can act on his instructions while he is away.

None of the money in the account will be mine. I will not be able to use any of the money for myself. I will not receive any type payment or reward for doing this.

bryanb wrote: »

DLA is not means tested, if that's your only benefit - no problem, no need to declare anything.

Bryan's given the right answer.

When I needed to help my parents with their bank accounts, my name was added as a signatory so I could run their accounts but had no rights to any of their money.