Deprivation of Capital

Housing_Benefit_Officer

FrankR wrote: »

Hello,

My Son received just over £22,000 in inheritance when his father died in May.

At this time, he was studying at University until his mental health became significantly worse in July and he ran away to sleep homeless for up to one month.

His University reported him as a missing person and he was placed on the missing persons list.

In mid July, the police found him and he returned home to live with me (his mother).

However, during his period of homelessness throughout July, he had spent - or lost - over £16,000 of his savings.

My son cannot recall how the money was spent. He said he 'lost the majority of it sleeping homeless'.

At the beginning of August he had returned home to me and we put in a claim for ESA and PIP.

At this time my son had only around £100 in his bank account.

He was awarded support group ESA and PIP.

As my son only had around £100 at the time of applying for ESA, and the fact that he had 'lost' most of his inheritance sleeping homeless due to his poor mental health, is this a case of deprivation of capital?

I should add that my Son cannot manage his finances himself - he had lost £800 the year before when he was sleeping homeless in London - he was found as placed in a mental Health hospital for one month.

I fear that the DWP may incorrectly assume that he had purposely lost his £22,000 inheritance during May and, June and in order to qualify for income based ESA in early August.

At the time my son was sleeping homeless, he was not aware that he could claim ESA and has never claimed ESA prior to his first claim in August.

My son has emails he sent to University staff detailing his intentions to sleep homeless and become an 'HGV driver' - this was July - the month before his claim for ESA.

Also, in July, we went to our local Job Centre in order to sign on to JSA - however, my son's advisor told him that he should make a claim for ESA - I am sure she can substantiate this should the DWP decide deprivation of capital...

If so, there is no chance we are paying back the ESA he has received since July, and will fight for justice in court.

I believe the only evidence the DWP have is his bank statements to which they can access.

From this bank statements, they may incorrectly assume that large withdrawals were 'purposely' made by my son in order to qualify to claim to a then unknown income based ESA claim three months in the future.

I do believe that the evidence we have is stronger than their 'assumptions' - i.e. emails to his personal tutors, his interview with his advisor at the Job centre, and his terrible mental state during those three months - May to August.

My Son's mental health is incredibly complex - he can spend months not leaving his house, to months sleeping homeless and being reported as a missing person.

If we have to go to court, I would rather pay court fees than pay back the DWP money my Son does not owe them - what does this process involve?

Advice Welcome. Thanks

This is from another thread started by OP. I am confused.

FrankR wrote: »

My dad died in January 2015.

I received a letter informing me that he had nominated me to have his pension in the event of his death.

I received an initial payment of £21,500 - although I paid £17,000 off in debt, leaving me with £5,500 in my bank account as of this time.

I was then informed that I can receive £201.70 each month provided that I am in full time education, and aged 23 and under OR be permanently disabled and receive disability benefits PIP.

I receive PIP, therefore, I am able to claim his pension of £201.70 each month.

The letter states that it is a local government pension scheme (LGPS).

I have since received a letter from ESA asking for information about this pension, and that my ESA may be affected because I am receiving it.

If so, would my ESA be reduced by £50.425 each week?

I am claiming income-based ESA.

Thanks for the help.

Diary

As has already been explained - it's a troll.

Caz3121

HBO - none of the posts align with dates etc (father either dies in Jan or May, declared £5k left in ESA claim or only had £100 in account as had given rest to mother)
in this one they admit they did not pay debts off but refuse to say where it went
http://forums.moneysavingexpert.com/showpost.php?p=69491459&postcount=45

NYM

There is only one confused poster in this thread and they started it.