Housing Benefit Advice

tazwhoever

I hope some people with knowledge can advise me with regards to Housing Benefit.

I have my saving account under my name (and partner) and children accounts under their names but we are the trustees for them. The children accounts are not CTF/JISA. We don’t take out anything from the accounts and leave it for them.

I have been claiming CB ESA for over two years with Housing Benefit and I have declared all mine and children savings accounts to them. The DWP/Council has never included children savings into account for working out my CB ESA and Housing Benefit when contacting them.

The total was just less than £14k (with children savings) but they took only my (and partner) savings into account £9k. The children accounts were opened before I became ill and was unable to work.

Now the question is my extended relative (elderly) has decided to give some money to my kids, and I couldn’t deposit it in my children accounts as it had deposit limit. So I decided to open up another children accounts with me (and partner) as trustees and under children names.

The housing benefit wasn’t affected before, would it be affected now? The money is made to the kids for their future and we are trustees.

I found this but still worried about the housing benefit claim with the kids saving accounts. Do I still need to declare it or be confident it won’t affect my claim?

https://www.urban75.net/forums/threads/does-childrens-savings-count-as-capital-for-the-purposes-of-housing-benefit.354941/

http://www.manchester.gov.uk/info/500180/housing_benefit/4265/how_savings_investments_and_property_affect_your_housing_benefit_and_council_tax_support/3

http://www.legislation.gov.uk/uksi/2006/213/regulation/45/made

Thanks,

[Deleted User]

Having a quick read round it seems to be what they describe as a "grey"area, I think the point is that a claimant can't move money into a childs/childrens account in order to qualify for benefits.
I'm sure someone who knows more about this will be along shortly.

Danday

The best advice I can give is not to have the money in any of your accounts. Get your mum to deposit it herself.

tazwhoever

Thank you, I realise this may be a 'grey area'.

I have seen 'Income Maximisation Team' would these give me better answer?

Do they work separately or with the council?

Thanks,

aaronlowe

tazwhoever wrote: »

Thank you, I realise this may be a 'grey area'.

I have seen 'Income Maximisation Team' would these give me better answer?

Do they work separately or with the council?

Thanks,

If in doubt I wouldn't take any risks. Trust your intuition which I think is telling you that you could get into trouble.

Is there any way the elderly person providing the gift could keep it and assign it to a will? That way it can be given to your children directly in the event of the giftee's death.

Unless your children need to spend the money now this might be a safer way of doing it. I don't have any formal legal training so just brainstorming an idea here which might just (probably) be a load of BS. Sorry, just trying to help.