Deprivation of assets

ames1010

Alice_Holt said:

What other benefits do you receive apart from HB ? Child tax credits and that’s it. 

Are you in receipt of Tax Credits? Child tax credits 

HB is means tested, so potentially subject to the deprivation of capital test. Yes, understand this and just wondered if the surgery would be deemed as deprivation. 

Tax Credits does not have capital limits, so this would not be directly affected by savings / spending of those savings.

If your HB ended you would not be able to reclaim it. You would need to look at a UC claim for help with housing costs.
Any UC claim would end your TC claim.  Thank you Alice, I know this but I really appreciate you giving me facts rather than opinions and judgement. 

  

Thank you for the facts Alice. 

poppy12345

poppy12345 said:

Potentially yes but i don't think anyone can specifically give you a direct answer to that. It will be down to a decision maker to decide when you need to reclaim benefits.

With regards to dreprivation of capital you won't get a simple yes or no from any internet forum. Besides this, if your savings go above £16,000 your HB will end anyway.

ames1010

poppy12345 said:

poppy12345 said: I 

Potentially yes but i don't think anyone can specifically give you a direct answer to that. It will be down to a decision maker to decide when you need to reclaim benefits.

With regards to dreprivation of capital you won't get a simple yes or no from any internet forum. Besides this, if your savings go above £16,000 your HB will end anyway.

As soon as I was told about the inheritance - I notified Housing benefit straightaway - and they told me that I could use the money to clear my debts on the day the inheritance went into my account. And if the inheritance as was reduced to under £16k through paying those debts on the exact same day then I would keep the housing benefit but it would be obviously reduced heavily. So if I ended up with 15k after paying my debts  that same day- my HB would end up being about £15-20 every two weeks. 

Alice_Holt

ames1010 said:

poppy12345 said:

poppy12345 said: I 

Potentially yes but i don't think anyone can specifically give you a direct answer to that. It will be down to a decision maker to decide when you need to reclaim benefits.

With regards to dreprivation of capital you won't get a simple yes or no from any internet forum. Besides this, if your savings go above £16,000 your HB will end anyway.

As soon as I was told about the inheritance - I notified Housing benefit straightaway - and they told me that I could use the money to clear my debts on the day the inheritance went into my account. And if the inheritance as was reduced to under £16k through paying those debts on the exact same day then I would keep the housing benefit but it would be obviously reduced heavily. So if I ended up with 15k after paying my debts  that same day- my HB would end up being about £15-20 every two weeks. 

       Re: "Yes, understand this and just wondered if the surgery would be deemed as deprivation." 

  As poppy says it's a judgement call of an individual HB Decision Maker, we can't foretell that decision. It is a challenge-able decision, though. You could appeal an unfavourable decision and put your case to tribunal.
 https://medium.com/adviser/a-guide-to-deprivation-of-capital-income-3209a4b50720

  However, if adjudged deprivation then notional capital rules would apply:  https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/treatment_of_capital_in_housing_benefit_calculations 

Your HB wouldn't end (IMO) but continue as now (with a higher tariff income assumed than that based on your actual capital).

ames1010

sheramber said:

Well, it would mean the taxpayer was  covering the cost of the surgery by paying out UC.

@sheramber why are you assuming I’m not a taxpayer? 🤦🏻‍♀️🤦🏻‍♀️Why are you assuming I’m on UC?! In future, rather than passing judgement and opinion on my post- make sure you offer facts 

ames1010

poppy12345 said:

seatbeltnoob said:

I didn't even consider this to be an issue. When I read about deprivation of assets. I thought it would be something like buying gold bullions and keeping that as cash equivalents, "giving" money away to friends and family to reduce your capital. I didn't think they'd question your own consumption.

It's a luxury that many people could only ever dream of.

What’s a luxury? Having breast augmentation? You have no idea about my chest therefore you are making a personal statement. You need to post facts rather than judgement and opinion. 

sheramber

But you are concerned about losing your housing benefit, despite the fact you say it is  a small amount. 

Who do you think  funds that small amount if not other taxpayers.

poppy12345

ames1010 said:

poppy12345 said:

seatbeltnoob said:

I didn't even consider this to be an issue. When I read about deprivation of assets. I thought it would be something like buying gold bullions and keeping that as cash equivalents, "giving" money away to friends and family to reduce your capital. I didn't think they'd question your own consumption.

It's a luxury that many people could only ever dream of.

What’s a luxury? Having breast augmentation? You have no idea about my chest therefore you are making a personal statement. You need to post facts rather than judgement and opinion. 

You posted a question, which i answered not once but twice with the same answer each time. I've said all i need to say so i'm out!

wilfred30

So you don't want opinions, only facts, but when a Decision Maker makes their decision, it will be based on their 'opinion' considering that you don't need a breast augmentation, you simply want one.

Therefore, poster's giving you their 'opinion' is helpful in trying to work out what the DM's opinion is likely to be.

As you've been told, there is no 'fact' involved so people can't give you one.

Personally, I think that the decision is likely to be that you are planning on spending a great deal of money on something you don't need in order to retain/increase the amount of benefits you receive.

nicx83

As a decision maker I think it would be seen as deprivation, assessors make quick decisions on the info provided. I would be looking at if there was a medical need. For example something from a health care professional recommending your need for surgery. (NHs wait times could be a reason to go private)

the same would be said about someone buying a car to deprive themselves if they buy a modest car to replace an old one that is reasonable. If they choose to buy a Porsche it becomes deprivation.