Confused over deprivation of capital

Monica_4

Hello,
I've been googling and searching the forum to see if I can find the answer to this but struggling. Hoping somebody might know the answer.
Background. Currently married, joint mortgage, not claiming any benefits between us and have savings.
Marriage is looking to break down. I'm looking into buying my husband out of the property and remortgaging into my own name. Due to my income I can't quite get to the full amount needed but by adding savings I would be able to get the required amount.
Due to my income from employment I would be entitled to UC but unsure if by using savings to secure a mortgage would be classed as deprivation of capital?
Many thanks!

Monica_4

Forgot to add that there are 2 children involved if it makes a difference. 

calcotti

Using capital to purchase a property seems entirely reasonable and I, in my opinion, is unlikely to be treated as deprivation of capital. However ever case is considered individually by a Decision Maker and there is no definitive list of what is acceptable and what is not so you will not know in advance.

Mickey666

It would be a travesty of natural justice if using savings to secure a roof over a family's head is regarded a deprivation of capital.

Monica_4

Thank you both for your replies! 
Really hoping it would be ok to do. Like you say, it seems ludicrous to say that I am depriving capital when I'm just trying to keep a roof over our heads. 

Spoonie_Turtle

Monica_4 said:

Thank you both for your replies! 
Really hoping it would be ok to do. Like you say, it seems ludicrous to say that I am depriving capital when I'm just trying to keep a roof over our heads. 

A roof over your head is essential, and buying your own home will mean you are not entitled to help with housing costs.  None of us obviously can say whether the DWP definitely will or won't see it as DoC, but you surely could appeal it if they do somehow decide it is; the onus is on the DWP to prove you intended to increase eligibility for benefits which anyone with common sense would see buying a home is usually NOT.

However, you do need to think about how you will be able to afford the mortgage if you earn little enough to be entitled to UC, because there is no help available for paying off mortgages.  Make sure you do a benefits calculation before taking this leap, and do remember that the rate is intended to drop around £90 per month in April to pre-pandemic levels, although exactly what *will* happen we still don't know yet.