DWP Investigations

zoxsa

Hi

I already started a similar thread, but no one so far has answered the most burning question:

Long story short: my father has been receiving pension credits whilst having a 2nd home. The second home is worth nearly 1M.

He is 50% owner. I am 50% owner.

If he is investigated by the DWP - is it not better to have his name REMOVED from the house (Yes, there is CGT, and its OK) as if he is found with this asset, it could be detrimental?

I'm not trying to swindle the DWP whatsoever - on the contrary, I called them and wrote to them that we DID NOT know that his name was on the house. I didn't even know mine was on there actually. He's disabled and needs help.

I wrote to the DWP and only just heard from them 1 year afterwards saying "we're sorry for the delay in replying".

Regardless - Is him having such an asset in his name a liability? We are a family. My father will still own the house as far as I'm concerned (even if we take his name off it) - but its just to remove his name so he has no assets that can be used against him in the event any investigations turns sour.

The DWP have taken so long to get back to us, its not fair that they are not clear with us. We made it CLEAR that he owns a 2nd home (as soon as we found out) - and we just found out by filling in a pension credit form that my late mother used to do.

I do not wish to have our home held against us. The rental income from this house, whether its going all to my account or his account, is 100% going to pay for a carer.

Has anyone else been in this situation?

I really need some insight and advice

Thanks

ps. I knew my dad was receiving a pension. I did not know the difference between pension and pension credits. Then when we filled out a form (that my late mother used to do) to renew his pension credit application, we learnt that he cannot claim if he has a 2nd home. We alerted the DWP ASAP. I mean, we called them day and night and wrote. We just got a response after 13 months. I don't know how my mother filled the initial pension credit application, or maybe it was an AIS - not sure - don't care right now. I just need to know how to cover ourselves. We need to sustain our dad and a carer for him.

calcotti

There have been 7 replies to your previous thread. Posting a new thread on the exact same subject isn't going to help.

poppy12345

You were asked several different questions by people trying to help you on your other thread but you haven't answered them. Go back to the other thread, answer the questions is the best thing. No point starting a new thread with the same questions.

tomtom256

Its a bit late to remove his name, unless he declared this property on his claim then he is guilty of making a false claim to benefits and the DWP will catch up with him sooner or later.

zoxsa

Hello

Why is it late to remove his name?

From my side, I applied for a remortgage on the house and the condition was to remove my dad's name as he's over 80 years of age.

Im thinking that if the investigation turns sour, its best to remove his name as there's no more assets in his name.

Am I miscalculating anything here?

Why is it too late to remove his name??

poppy12345

zoxsa wrote: »

Hello

Why is it late to remove his name?

From my side, I applied for a remortgage on the house and the condition was to remove my dad's name as he's over 80 years of age.

Im thinking that if the investigation turns sour, its best to remove his name as there's no more assets in his name.

Am I miscalculating anything here?

Why is it too late to remove his name??

Because it can be classed as deprivation of capital!

zoxsa

Im so sorry for my ignorance, but when you say "it can be classed as deprivation of capital" - who will class it as that? and why is that so bad?

Lets say I want to get a remortgage - as I own 50% , and the only condition the bank has is to remove him from the title deeds - so what?? Yes, he's being deprived of an asset, but so what? What are the legal implications behind that?

Caz3121

as a 50% owner of a £1m property, he would be classed as depriving himself of £500k and treated as if he has that money. How much were you planning on purchasing the 50% for?

zoxsa

For 0.. he will gift it and hence pay CGT.
(I will pay the CGT for him).
But the idea is to cover ourselves so that his name is off the property. My opinion is this:

Lets be honest:

1. We can't claim Pension Credits whilst owning a 2nd home.
2. We just found it.. very recently
3. The smart thing to do is remove his name from title deeds and STOP receiving the pension credits and pay back what we owe.

What I don't want to happen is to be in situation where we leave his name on the house and the house is used to pay back what we owe.

(and that's IF we owe anything)

tomtom256

zoxsa wrote: »

For 0.. he will gift it and hence pay CGT.
(I will pay the CGT for him).
But the idea is to cover ourselves so that his name is off the property. My opinion is this:

Lets be honest:

1. We can't claim Pension Credits whilst owning a 2nd home.
2. We just found it.. very recently
3. The smart thing to do is remove his name from title deeds and STOP receiving the pension credits and pay back what we owe.

What I don't want to happen is to be in situation where we leave his name on the house and the house is used to pay back what we owe.

(and that's IF we owe anything)

So you want to further cheat the system by depriving him of any way of repaying any potential overpayment and/or to stop him from living in a property he owns half of or stopping him from releasing capital he is entitled to, in order to live?


Is that about right?


How is he going to support himself if benefit is withdrawn and you have gifted half his property to you?

WhenIam64

You may wish to read and print out the following

http://www.benefit-fraud.co.uk/benefit-fraud-sentencing.php

Have you had Power of Attorney too or has your father conducted his own matters. If you have represented him in any way, you may have questions to answer too.

Instead of CAB or here, you may wish to go and see a solicitor and get them to represent him/both of you, depending on the facts of the case.