£6000 in savings

Yamor

I've just been reading through this thread, and as it deals with an issue I've often thought about when reading threads on these forums, I thought I would add my thoughts:

There is absolutely no legal requirement to obtain a DMs approval for any capital disregard, or indeed any issue relevant to benefit entitlement.

This is true no matter how complex or straightforward the issue is, and regardless of how much DWP would like you to inform them of the issue.

However, it may be recommended, and indeed often strongly recommended, to obtain a DMs approval, particularly on contentious issues, to reduce the likelihood of overpayments (and perhaps even penalties/prosecution) down the line.

R200

Yamor said:

I've just been reading through this thread, and as it deals with an issue I've often thought about when reading threads on these forums, I thought I would add my thoughts:

There is absolutely no legal requirement to obtain a DMs approval for any capital disregard, or indeed any issue relevant to benefit entitlement.

This is true no matter how complex or straightforward the issue is, and regardless of how much DWP would like you to inform them of the issue.

However, it may be recommended, and indeed often strongly recommended, to obtain a DMs approval, particularly on contentious issues, to reduce the likelihood of overpayments (and perhaps even penalties/prosecution) down the line.

No legal requirement? So there is no law saying you have to report assets or something over £6K

Yamor

R200 said:

Yamor said:

I've just been reading through this thread, and as it deals with an issue I've often thought about when reading threads on these forums, I thought I would add my thoughts:

There is absolutely no legal requirement to obtain a DMs approval for any capital disregard, or indeed any issue relevant to benefit entitlement.

This is true no matter how complex or straightforward the issue is, and regardless of how much DWP would like you to inform them of the issue.

However, it may be recommended, and indeed often strongly recommended, to obtain a DMs approval, particularly on contentious issues, to reduce the likelihood of overpayments (and perhaps even penalties/prosecution) down the line.

No legal requirement? So there is no law saying you have to report assets or something over £6K

If you have over £6k after applying any relevant disregards, then of course you do legally need to report.

R200

Yamor said:

R200 said:

Yamor said:

I've just been reading through this thread, and as it deals with an issue I've often thought about when reading threads on these forums, I thought I would add my thoughts:

There is absolutely no legal requirement to obtain a DMs approval for any capital disregard, or indeed any issue relevant to benefit entitlement.

This is true no matter how complex or straightforward the issue is, and regardless of how much DWP would like you to inform them of the issue.

However, it may be recommended, and indeed often strongly recommended, to obtain a DMs approval, particularly on contentious issues, to reduce the likelihood of overpayments (and perhaps even penalties/prosecution) down the line.

No legal requirement? So there is no law saying you have to report assets or something over £6K

If you have over £6k after applying any relevant disregards, then of course you do legally need to report.

So what do you mean no legal requirement?

Sea_Shell

Is think the issue was is there a legal requirement to declare savings, under £6000, but only AFTER disregards that you KNOW will be applied.

Can you "self assess", especially if you've been told repeatedly that £x can be disregarded.

Yamor

R200 said:

Yamor said:

R200 said:

Yamor said:

I've just been reading through this thread, and as it deals with an issue I've often thought about when reading threads on these forums, I thought I would add my thoughts:

There is absolutely no legal requirement to obtain a DMs approval for any capital disregard, or indeed any issue relevant to benefit entitlement.

This is true no matter how complex or straightforward the issue is, and regardless of how much DWP would like you to inform them of the issue.

However, it may be recommended, and indeed often strongly recommended, to obtain a DMs approval, particularly on contentious issues, to reduce the likelihood of overpayments (and perhaps even penalties/prosecution) down the line.

No legal requirement? So there is no law saying you have to report assets or something over £6K

If you have over £6k after applying any relevant disregards, then of course you do legally need to report.

So what do you mean no legal requirement?

As per @Sea_Shell, all I am saying is that where you are relying on specific disregards to bring your capital below £6k, then there is no legal requirement to report this to a DM and get them to agree that the disregards apply.

HillStreetBlues

Yamor said:

R200 said:

Yamor said:

R200 said:

Yamor said:

I've just been reading through this thread, and as it deals with an issue I've often thought about when reading threads on these forums, I thought I would add my thoughts:

There is absolutely no legal requirement to obtain a DMs approval for any capital disregard, or indeed any issue relevant to benefit entitlement.

This is true no matter how complex or straightforward the issue is, and regardless of how much DWP would like you to inform them of the issue.

However, it may be recommended, and indeed often strongly recommended, to obtain a DMs approval, particularly on contentious issues, to reduce the likelihood of overpayments (and perhaps even penalties/prosecution) down the line.

No legal requirement? So there is no law saying you have to report assets or something over £6K

If you have over £6k after applying any relevant disregards, then of course you do legally need to report.

So what do you mean no legal requirement?

As per @Sea_Shell, all I am saying is that where you are relying on specific disregards to bring your capital below £6k, then there is no legal requirement to report this to a DM and get them to agree that the disregards apply.

The confusion arises when statements like "You must report any changes in capital", but like we agree it's simple not correct, it's if over £6k.
What website say has no meaning unless backed up by statute / case law.
I agree with you it's wise to get a DM to rule on certain areas,  but when it's clear cut on an issue eg CoL payments (as long as a person has kept the money)  then it's pointless.

KxMx

I had a UC Compliance Check a few months ago. 
I submitted bank statements, alongside a journal message saying my capital was over 6k on paper, but below with the CoL disregard, which is why I hadn't declared a change of circumstances. 

They had zero problems with this, as part of the check asked for further statements to show incoming CoL payments, ran the numbers themselves and confirmed I was indeed under £6k.

HillStreetBlues

KxMx said:

I had a UC Compliance Check a few months ago. 
I submitted bank statements, alongside a journal message saying my capital was over 6k on paper, but below with the CoL disregard, which is why I hadn't declared a change of circumstances. 

They had zero problems with this, as part of the check asked for further statements to show incoming CoL payments, ran the numbers themselves and confirmed I was indeed under £6k.

My money in the bank is £8.5k (I'm snoozing on a credit card).
£3.5k is a combination of income & ignored CoL payments, so my capital for April (my AP is a calendar month) is £5k.
As capital s below £6k I'm not informing the DWP because legally I don't have to, if they ask for statements for a CC I will let them have it,  but I won't be explaining my spending habits, as again legally I don't have to, because it's impossible there is any DoC as I've not been over £6k.