Property disregards on universal credit

sammyjammy

If you own this property as joint tenants and she dies then you then own the whole property regardless of any paperwork you may have signed, thats the law.

NedS

As I said before, all of this speculation is totally irrelevant as the only opinion that matters is that of the DWP decision maker. They are the only one that gets to decide as that is their job. Give them the information they need to make that decision.

Once they have made their decision, then if you do not agree with it, we can look at the evidence you have and the regulations, and help formulate an appeal if they have made an unlawful decision.

[Deleted User]

ive been digging a bit

i think it comes under the deprivation of capital

im going to double check all the paper work but i have signed over my capital in the property to my ex, therefore i dont have anything to declare, any declaration of property has to come with a figure so legally i cant claim to anything

if it was flagged up i just would need to present all the evidence and its only seen as fraud if i have been deemed to have transferred it for the purposes of obtaining UC, given it was 8 years ago and my claim started a couple of months ago that shouldnt be an issue

for it to be included as capital it would need to included as notational capital
it would only be deemed as notional capital if it was transferred for the purposes of obtaining UC

its like if i won the lottery tomorrow, 10k and then immediately transfered it to my brothers account as a gift, it would still show that i received it and although its legally not mine its deemed as fraud as i intentionally deprived myself of that money for the purposes of receiving UC so therefore they would attach the amount as notional captial to my claim which would diminish over time, but its all about the intent, it would need to be seen as intentionally doing it, if i won the lottery tomorrow and gave my brother half of my winnings cause im an awesome big brother but had no idea of the impact it would have on my benefits it cant go against me, they would need to prove i was doing it to not count it towards my claim

so it doesnt come under the heading of disregarded capital as i dont have any claim to it

i understand what people are saying regarding reporting it however i would need to report it as capital, if i was to simply state i owned 50% of it then that would immediately go against my claim

if its my belief i have transferred the property 8 years ago,  if i hadnt and in the weeks before i applied looked to sign the same paperwork then it would be classed as notational capital, also if i now took any further steps regarding the property it would go against me as it would be for the sole purpose of obtaining UC

right now i believe im in a stronger position by continuing with my stance that i transferred over the property 8 years ago to allow my ex to be able to rent it out, if i was to contact them regarding it then would it not look like i believed i still had some capital and am looking to take steps to deprive myself of it in order to obtain UC?

im not looking to scam the system, i work, but im the full time carer of my wife, a vast majority of the UC is associated with her

 in my mind this property was transferred 8 years ago, ive only started second guessing myself when a mortgage update was posted to me by the bank, when i filled out the application i 100% believed i didnt own any part of the property

marcia_

 But you've transferred nothing as its still in your name! 

 This has nothing to do with deprivation of assets. Its about making a false statement on your UC application. 

poppy12345

The mortgage is still in your name, which means you own half of it. There's no other advice to give than what's already been advised. You need to report this and let a decision maker decide as they are the only ones that can make a decision.

If you don't report it they will eventually find out.

calcotti

Deleted-User said:..so it doesnt come under the heading of disregarded capital as i dont have any claim to it..

So you keep saying but you have ignored every piece of advice about needed to look who has legal ownership of the property as evidenced in the deeds.

sheramber

but over the last few weeks ive been second guessing myself, im pretty confident that in any instance it would be disreagrded if i declared it 

If you are so sure then put the details in your journal. You do not need to give a value , just details of the flat and your position.

Once the DWP confirm that you are correct then you will not have any further worry over it.

or did you just want people to agree with you?

[Deleted User]

she has legal ownership of the property, i think ive stated this numerous times, i signed it over 8 years ago, she has the deeds

in the eyes of the council and the bank she has sole legal ownership of said property

she rents it out i have no access to the income, if she sells it i have no claim to the profits, if she dies it goes to her family and if they sell it i dont have access to the profits

i was hoping for more specific advice on cases related to this in universal credit

everyones advice so far is to declare capital in a property that i dont have legal access to, i cant declare it as capital

the point of the system is that if i had capital in this then i should be looking to use that to cover living expenses either by renting out or selling the property but i dont gain anything from that

to be honest i wanted people to disagree with me

in my head i dont own the property, i havnt dealt with it in 8 years, its just i can understand that i can be linked to it, i wanted to see if anyone had been in similar positions, i dont mind if it flags up im confident on my legal position

turnitround

Look at it another way. You seem convinced this could not happen, but-
If she stopped paying the mortgage and her parents did not help bail her out then the mortgage company would be chasing you. Do you think they would accept your stance that 'It has nothing to do with me'.

Your name is on the mortgage, you are equally liable for the debt should your ex stop paying. Agreeing with your ex that you want nothing to do with the house is fine between the 2 of you but it is not the legal position. 

marcia_

Deleted-User said:

in my head i dont own the property, i havnt dealt with it in 8 years,

  What is in your head is not the same as what is true! 

 Land registry and mortgage is true and legal and is what UC will look at. 

 You declare and at the same tine you provide evidence ie the letter/documents you signed.