Child’s PIP pushing me over threshold

Galloglass

I doubt that this can be done retrospectively although you could speak to the DWP and see what they say about this.  It MAY be possible since the children's benefits will be obvious from their reference numbers.  

This is a "with hindsight" problem. The DWP provides PIP for the individual's assessed needs. So the source of the money and its purpose is clear. When it gets put into one pile, there is no indication of what proportions belong to which person. So the convenience of one account is now inconvenient. 

Before your speak to the DWP you might want to provide some idea of what each PIP has been spent on, so that you can demonstrate the proportions of the capital that should be/might be allocated to which individual. 

This may be one that could go further if you get a negative decision from the DWP. You may need help from a benefits charity.

Mehappy75

Thank you all for your input. I think the uncertainty and differing opinions in the replies does show this kind of thing needs to be made crystal clear by The DWP. 

I would dearly hope that The DWP would take into account the accident 3 years ago which almost cost my wife and my son their lives. Since then I’ve ‘taken the reigns’ on the financies as best as I could, whilst undertaking the health needs of my wife and son in particular.

[Deleted User]

Mehappy75 said:

Thank you all for your input. I think the uncertainty and differing opinions in the replies does show this kind of thing needs to be made crystal clear by The DWP. 

I would dearly hope that The DWP would take into account the accident 3 years ago which almost cost my wife and my son their lives. Since then I’ve ‘taken the reigns’ on the financies as best as I could, whilst undertaking the health needs of my wife and son in particular.

The clear advice is that if it's your account it's your money that i'm afraid is how the DWP will see it. going forward the answer is separate bank accounts, you will now i'm afraid have to wait and see what action the DWP/council take.

[Deleted User]

Mehappy75 said:

Thank you all for your input. I think the uncertainty and differing opinions in the replies does show this kind of thing needs to be made crystal clear by The DWP. 

I would dearly hope that The DWP would take into account the accident 3 years ago which almost cost my wife and my son their lives. Since then I’ve ‘taken the reigns’ on the financies as best as I could, whilst undertaking the health needs of my wife and son in particular.

 Whilst I'm sure they would be sympathetic they can only operate within the Law. Which states the money belongs to the account holders, split if more than one. 

There is then Deprivation if Assets rules which come in to play if you suddenly move the money elsewhere out of your account.  

 Good luck. 

Galloglass

 Whilst I'm sure they would be sympathetic they can only operate within the Law.

Whilst I would agree with this comment 99% of the time, and the other comments pointing out the same, there are a couple of principles that suggest it is not as black and white as stated. 

There is often the legal device "unless the contrary can be proven" and when dealing with a statutory body there is the Wednesbury principle. The default may be " ....which states the money belongs to the account holders" but there is always the possibility of challenging the default should it lead to an inequity. Hence the comment " You may need help from a benefits charity."