question about deprivation of capital in relation to the other person 6 March at 4:06PM in Benefits & tax credits 20 replies 1.3K views

giran

Hello

I would like to know.. 

If a person claiming benefits is accused of deprivation of capital, because eg they gave money to somebody else, 

Then is the other person , i.e. the person not on benefits, guilty or potentially guilty  of anything?

Thank You

marcia_

 No they've done nothing wrong. 

calcotti

The other person isn’t guilty of anything, they simply received a gift.

The person who gave the money isn’t guilty of anything either. They are allowed to give the money but if found to have deprived themselves of capital they are treated as if they still have the money. That affects their benefit entitlement but that doesn’t make them ‘guilty’.

giran

Could it be benefits fraud  if the benefits claimant had that money  in cash to give as  a gift and it's enough money to affect benefits, and the DWP  wasn't made aware of it.  For example if the benefits claimant had £30K sitting around in cash for a number of years unknown to the DWP, then gave that away as a gift?

Would the DWP claim all those means-tested benefits back historically for all the years that the person had £30K sitting around that they weren't aware of?

marcia_

giran said:

Could it be benefits fraud  if the benefits claimant had that money  in cash to give as  a gift and it's enough money to affect benefits, and the DWP  wasn't made aware of it.  For example if the benefits claimant had £30K sitting around in cash for a number of years unknown to the DWP, then gave that away as a gift?

Would the DWP claim all those means-tested benefits back historically for all the years that the person had £30K sitting around that they weren't aware of?

 Quite possibly yes, it will probably been seen as not only fraud but deprivation of capital.

giran

marcia_ said:

 Quite possibly yes, it will probably been seen as not only fraud but deprivation of capital.

Does deprivation of capital apply historically, or does only benefit fraud apply historically? 

elsien

Not declaring that you’ve got 30 grand sitting in the bank while claiming means tested benefits is benefit fraud regardless of what has been done with the money since. So  benefit fraud and deprivation of capital could both come into play. 

Spoonie_Turtle

giran said:

marcia_ said:

 Quite possibly yes, it will probably been seen as not only fraud but deprivation of capital.

Does deprivation of capital apply historically, or does only benefit fraud apply historically? 

Deprivation of capital applies to when they give it away, and for however long the DWP work out the notional capital should have lasted them.

Fraud applies to whenever it started, when they went over the savings threshold without declaring (if of working age, savings over £6,000 need to have been reported, and subsequent increases over £250 intervals, then at £16,000 eligibility to the benefit would cease.  For Pension age declaration is needed over £10,000 and £500 interval increases).

calcotti

giran said:

Could it be benefits fraud  if the benefits claimant had that money  in cash to give as  a gift and it's enough money to affect benefits, and the DWP  wasn't made aware of it.  For example if the benefits claimant had £30K sitting around in cash for a number of years unknown to the DWP, then gave that away as a gift?

Would the DWP claim all those means-tested benefits back historically for all the years that the person had £30K sitting around that they weren't aware of?

I’m astonished that the question is being asked. It seems obvious that not declared relevant finances while claiming means tested is fraud.

poppy12345

giran said:

Would the DWP claim all those means-tested benefits back historically for all the years that the person had £30K sitting around that they weren't aware of?

Yes! How can someone have that much in savings “sitting around “ and claim they didn’t know about it. 

Are you asking for yourself or on behalf of someone else? 

giran

Enquiring regarding somebody else but I don't know them and their situation that well.  But if they are guilty then what would happen to them?  And am I guilty as an accessory, for enquiring for them? And is anybody at risk if they accept money from them?