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ESA & Deprivation of capital

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  • sorry i was just musing,

    don't think the OP will be donating 5k to a rabbit sanctuary etc.... really, because that is obviously, deprivation...

    i will wear a bunny suit and eat carrots, for much much less, if you are interested op ???.

    more so the people offsetting nominal money / good will / work around.

    ...i will go.
  • Ames
    Ames Posts: 18,459 Forumite
    There is (or definitely used to be) a yearly amount that can be given to charity without it being deprivation of capital.
    Unless I say otherwise 'you' means the general you not you specifically.
  • Thank you for your reply.

    Do you know how often he would be expected to notify the Benefit Centre and Council of any reductions in his capital caused by his spending?

    Hi, i think this should be a question to ask at the start.

    Ask the name of this person and maybe you can deal with this person
    each time you amend the total.
  • There is (or definitely used to be) a yearly amount that can be given to charity without it being deprivation of capital.
    I think that it is actually a bit wrong to give money away on purpose just so you can stay entitled to benefits.
  • HB58
    HB58 Posts: 1,787 Forumite
    There is (or definitely used to be) a yearly amount that can be given to charity without it being deprivation of capital.
    I think that it is actually a bit wrong to give money away on purpose just so you can stay entitled to benefits.

    Giving away money just to stay under the limits and be entitled to benefits is deprivation of capital and DWP could treat the claimant as if they still had the money. However, if people can show that they have given to charity for a long time, a certain level of donations can be allowed.
  • If the holiday can be shown to be therapeutic he may be allowed it (I used to be an ESA claims processor) but it would be down to the individual assessor and decision maker. Buying non essential items such as a new coffee table etc would be deprivation. In fact almost any expense unless it is justifiable (new bathroom because of severe damage, carpets replaced because of mould, new shoes and clothing, are all examples I've seen allowed, but evidence must be produced and all receipts kept (it is even worth detailing weekly shopping bills)
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