Are regular monetary gifts considered an income by Universal Credit?

calcotti

pmlindyloo wrote: »

I thought that to be awarded the carer's element of UC you had to meet the eligibility requirements for Carer's Allowance (other than the earnings rule) which you say you do not.

You raise a very interesting point

UC Regulations 2013 regulation 30

Meaning of “regular and substantial caring responsibilities for a severely disabled person”
30.—(1) For the purposes of Part 1 of the Act and these Regulations, a person has regular and substantial caring responsibilities for a severely disabled person if they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that their earnings have exceeded the limit prescribed for the purposes of that allowance.

(2) Paragraph (1) applies whether or not the person has made a claim for a carer’s allowance.

(3) But a person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.

UC have obviously interpreted this as only referring to the definition of carings that relates to Carer’s Allowance, not to all the conditions that determine entitlement to CA. The legislation doesn’t say this - but it would certainly complicate the administration of CA if they started applying different residence conditions to different elements of it.

shelleywa

pmlindyloo wrote: »

Personally I would be asking him to pay the money direct to the credit card company - no repercussions from this.

It would easier this way than UC querying the regular payments.

He is worried about them questioning him making regular payments to my creditor. That it might be seen as a form of payment for his care.

shelleywa

Does anyone know if Citizens Advice or a solicitor would be able to give legal advice on this?

ev8

shelleywa wrote: »

He is worried about them questioning him making regular payments to my creditor. That it might be seen as a form of payment for his care.

I would have thought direct cash transfer to you would be seen much more like a form of payment for his care.

A direct debit for your bills would be less likely to cause any questions.

poppy12345

shelleywa wrote: »

Does anyone know if Citizens Advice or a solicitor would be able to give legal advice on this?

You've already had great advice on here, why would you want to go elsewhere for the same advice?

xylophone

Why does it have to be a regular weekly payment?

Could you father not just gift you a suitable amount Easter/birthday/Christmas?

You can then just hold in your own account and budget accordingly?

shelleywa

poppy12345 wrote: »

You've already had great advice on here, why would you want to go elsewhere for the same advice?

The advice here is great. But as far as I can tell, it is just that - people more knowledgeable than I am on the subject, that are offering their opinions (some of which actually contradict each other). Nobody has stated that they are a legal professional in this field. Should these payments ever come under the microscope of UC, I don't want to end up having to repay £1,000s because I didn't "play by the rules" - I would rather start with the correct procedure from day one.

Alice_Holt

shelleywa wrote: »

The advice here is great. But as far as I can tell, it is just that - people more knowledgeable than I am on the subject, that are offering their opinions (some of which actually contradict each other). Nobody has stated that they are a legal professional in this field. Should these payments ever come under the microscope of UC, I don't want to end up having to repay £1,000s because I didn't "play by the rules" - I would rather start with the correct procedure from day one.

You can look at the UC guidance about what is "income" yourself.
https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/what-is-income-for-uc/

You will find that regular gifts from family members is not on the list, so calcotti's post @ 5 is a very good summary of your situation.

For legacy benefits, gifts were specifically disregarded. Here is a link for you:
https://www.entitledto.co.uk/help/benefits-charity

The informed advice you have had is that (on the face of it) it would not be counted as income.
But, pmlindyloo (post 8) and calcotti (post13) have identified for you a possible route by which DWP could put a different spin on that "income".

You need to realise that welfare law is not clear cut. The regulations are subject to interpretation by case law.
No one can definitively tell you what a DWP decision maker might decide. If the DWP were to believe the £100 constituents a regular "payment" for care duties, you could challenge this decision and take your case to tribunal.

My view is that the £100 could not be considered earned income, as no employment contract exists. It is entirely at the discretion of your father.
But that's my view. No one can definitively tell you what opinion a DWP decision maker might come to. Welfare law is not clear cut. The regulations are subject to interpretation and case law.

If you look at the posting history of calcotti and pmlindyloo, you will find they both have a very impressive knowledge of welfare benefits. I would not be at all surprised if this knowledge was obtained through working at organisations such as Citizens Advice.

You have been given a good grounding in the regulations, and some sensible suggestions.
It is your decision what options to take in light of the information you have been given.
I think pmlindyloo's suggestion "Personally I would be asking him to pay the money direct to the credit card company - no repercussions from this. It would easier this way than UC querying the regular payments.", is one you should carefully consider.
As is xylo's "Why does it have to be a regular weekly payment? Could you father not just gift you a suitable amount Easter/birthday/Christmas? You can then just hold in your own account and budget accordingly?", since it would be extremely difficult for the DWP to argue that irregular gifts from family members constituted income for UC purposes.

As poppy said " You've already had great advice on here, why would you want to go elsewhere for the same advice?". Now you are armed with this information, you need to exercise some judgement and come to a decision.




PS: What's to stop me asserting I am "a legal professional in this field", giving you a legal opinion completely at variance to the advice you have received, and not providing you with any sources for that opinion?


I'm sure you wouldn't blindly accept that had to be correct, just because I self- declared myself to be a stable genius and the biggest, greatest legal proffesional ever in this field in history (sic) !

calcotti

I repeat my final advice at post 5 "If you are worried about it you can ask the DWP." They are the ones that ultimately decide regardless of what advice you receive elsewhere.

shelleywa

Thank you for your advice.

Alice_Holt wrote: »

PS: What's to stop me asserting I am "a legal professional in this field", giving you a legal opinion completely at variance to the advice you have received, and not providing you with any sources for that opinion?


I'm sure you wouldn't blindly accept that had to be correct, just because I self- declared myself to be a stable genius and the biggest, greatest legal proffesional ever in this field in history (sic) !

Don't really know why I'm coming under fire for being overly cautious and trying to prevent any problems arising in the future...

"Everyone you meet is fighting a battle you know nothing about. Be kind. Always"