Deprivation of Capital

absolutereturn

From what I can see, the DWP hasn't mentioned deprivation of capital. Would be different if it was shown that the money was transferred somewhere where either he or someone else could still benefit from it, for example giving it to his girlfriend or buying a luxury item (such as a fancy car). However, it would make no sense whatsoever for someone to blow £22k (by blowing it I mean spending it in such a way you're left with nothing to show for it) for the sake of being entitled to £57 a week! If he's getting ESA because of mental health issues, then it shouldn't be hard to believe that he'd have blown the money. In hindsight, given his mental condition, he should probably have been declared incapable of managing his own affairs but it's a bit late for that now the money's gone.

FrankR

That 6k he gave me is now only about £3k due to living expenses

I am happy to pay back the overpayment, but will not be happy if it leads to a deprivation of capital investigation in which the DWP may wrongly assert that the £22k was purposely spent in order to qualify for income based ESA three months later!!!

My sons mental health is becoming progressively worse worrying about this and he doesn't know half of it!!!

If I take the DWP to court, it will be at my expense and will look into claiming damages - emotional damages

marliepanda

FrankR wrote: »

I have the £6k - he gave it to me when he returned home after sleeping homeless in July.
the DWP sent out this letter just before Christmas too - it would seem the !!!!!!s find destroying our and possibly other people's Christmas amusing.

The letter states you have until the 01/01/2016 to respond - New Year's Day

I would laugh if I wasn't so !!!!ed off

The DWP hired ATOS the killers and deserve to be treated aggressively as they treat others aggressively themselves

!!!!

Youre really not helping yourself. You should have taken control after the initial incident where he lost £800 which you state shows he has no financial ability. Yet you let him have sole control over 22k?

iammumtoone

FrankR wrote: »

That 6k he gave me is now only about £3k due to living expenses

I am happy to pay back the overpayment, but will not be happy if it leads to a deprivation of capital investigation in which the DWP may wrongly assert that the £22k was purposely spent in order to qualify for income based ESA three months later!!!

My sons mental health is becoming progressively worse worrying about this and he doesn't know half of it!!!

If I take the DWP to court, it will be at my expense and will look into claiming damages - emotional damages

But you have no evidence they they will be looking into deprivation of capital.

You didn't answer my question if this money was declared to them when the claim was put put in or if they asked about prior savings? Why are you so worried about the threat of it? Is it because there is something you are hiding/not told them?

FrankR

He was nominated the money, so it had to go into his bank account.

I had asked him if he wanted me to took after it - he said no and was aggressive and threatening taking his own life when I asked him about it

It wasn't long after that when his mental state worsened and became homeless - I didn't know where he was until the police eventually found him and the money gone.

Poppie68

Your son has posted on here under this user name, he states his father died in January and he received the pension in February, so he actually had the money 5 months before he disappeared according to whoever posted. What date was given to the DWP, it also seems he likes to gamble which the DWP will also be aware of if they have access to his bank account... The people at DWP are employed to deal with claims as well as protect the taxpayers money, so it's their job to follow the rules and investigate all claims..

marliepanda

Where is your sons wife in all of this?!

Either your son spent all his money as clearly shown in his previous thread and has lied to you and you're now continuing the lie, or you're making it all up.

either way, you're gonna get caught out, and rightly so

konark

To recap;

Son blows 16 large in a month! It's not easy to get large amounts of cash from a bank so that's good going. Have you contacted bank to find out how, where, when and by whom the money was withdrawn?

Son has a pension, despite being in his twenties?

Son now also has wife who has been strangely missing from the narrative.

Son also posts on same user name!

Sorry but my head's spinning.

Topcat1982

Your son posted this:

I wasn't claiming ESA when I received the £21,000 in January.

I started claiming ESA in July 2015, and by that time, I had only £5,000 left as I had paid off a lot of debt in February.

Now I have only one bank account with £5000 in it.

(Even if I had more than the capital limit of £6000, why would I declare it and keep it in a bank account? Wouldn't it be wise to hide it as cash somewhere else so DWP can't find out? Or even give it to my parents for them to put it in their bank account?)

Both of these situations would be deprivation of capital.

sangie595

The son appears to not only have perfect recall about what he did with the money, but also appears to be quite capable of managing his financial affairs, albeit in a way that maximises his benefit by attempting to deliberately hide his income.

If the OP is not trolling, then they perhaps need to explain the previous posts by the "son" in a rather more convincing manner.