Deprivation of capital?

hundredk

GirlFromMars wrote: »

Your brother can write to the DWP to get a decision on Deprivation of Capital, before gifting the share to your other brother. (Although obviously he should not be gifting the property!)

You can write the letter yourself outlining the situation, and he can sign it. It needs to be sent to his local DWP office, not his local jobcentre. I suspect they would be happy to tell you any income related benefits will stop due to notional capital.

You could also get a deprivation of capital decision from the decision makers at his local council about Housing Benefit. He obviously won't get HB to lodge with your brother, but I suspect he would also not get Housing Benefit for any other property, as he would have notional capital of £30K.

Have you spoken to your vulnerable brother's solicitor about his vulnerability? It seems there should be some way of protecting a vulnerable person from being preyed on by family, but I'm not sure what it is. Maybe you could contact adult social services to assess their situation.

He will not face up to A because he lives there with him. So on the face of that it looks like I'm the one applying pressure to B not to gift. I am but I have nothing to gain except to protect B's interest.

If there were a way to get DWP to write to me on B's behalf or directly to B saying that gifting would result in notional capital and therefore no JSA I'd do that as this may make B stand up to A.

Solicitors won't break client confidentiality. Adult social care may be an option.

hundredk

I have spoken with B and have sent him the guidance I think DWP would apply if he gifted his beneficial interest:

https://www.gov.uk/government/publications/decision-makers-guide-vols-4-5-6-and-7-jobseekers-allowance-and-income-support-staff-guide

I have told B he does not have to sign but I fear it may be too late as B may have made an irrevocable offer.

xylophone

I have told B he does not have to sign but I fear it may be too late as B may have made an irrevocable offer.

It seems far from clear that B is competent to make such a decision?

You have previously said that he is a vulnerable adult - have you discussed the matter with the vulnerable adult coordinator at your local council?

hundredk

xylophone wrote: »

It seems far from clear that B is competent to make such a decision?

You have previously said that he is a vulnerable adult - have you discussed the matter with the vulnerable adult coordinator at your local council?

He is vulnerable because he has learning difficulties akin to mild autism and with do anything to avoid confrontation.

I have tried talking to him and hopefully he will stand up to A even if he does initially I'm not sure he will maintain it with the constant pressure.

I have contacted adult social care and they need specifics which I have not given yet as waiting to see if he will face A first.