UC savings question

[Deleted User]

I've had a letter today from UC to say they've got reason to believe I've got undeclared capital. I don't at all. I don't work and have a meagre few quid in savings here and there. However it's a joint claim and my husband is currently in the process of buying a house, his father has transferred him an amount of money to send to the solicitor by way of a gifted deposit. This has been in his account for a couple of weeks and will be sent to a solicitor next week for completion. I can only presume this is what this is referring to. Where do we stand here? The money will be long gone before the "interview" even happens 

Spoonie_Turtle

[Deleted User] said:

I've had a letter today from UC to say they've got reason to believe I've got undeclared capital. I don't at all. I don't work and have a meagre few quid in savings here and there. However it's a joint claim and my husband is currently in the process of buying a house, his father has transferred him an amount of money to send to the solicitor by way of a gifted deposit. This has been in his account for a couple of weeks and will be sent to a solicitor next week for completion. I can only presume this is what this is referring to. Where do we stand here? The money will be long gone before the "interview" even happens 

If it's transferred in and then goes out within the same assessment period you'll be okay, but you obviously do need to tell them what's happened and show them proof that it was for the house.

Assuming it's over £16,000 - if it's in the account at the end of an assessment period, your UC will end and you won't get the payment for that assessment period, so you'll have to reclaim once it's gone (again they'll want proof of where it went) and you're eligible for UC again.
If it's under £16,000 they'll make a proportional deduction from your payment, then you let them know when it's gone and then your UC will return to normal.

[Deleted User]

Spoonie_Turtle said:

[Deleted User] said:

I've had a letter today from UC to say they've got reason to believe I've got undeclared capital. I don't at all. I don't work and have a meagre few quid in savings here and there. However it's a joint claim and my husband is currently in the process of buying a house, his father has transferred him an amount of money to send to the solicitor by way of a gifted deposit. This has been in his account for a couple of weeks and will be sent to a solicitor next week for completion. I can only presume this is what this is referring to. Where do we stand here? The money will be long gone before the "interview" even happens 

If it's transferred in and then goes out within the same assessment period you'll be okay, but you obviously do need to tell them what's happened and show them proof that it was for the house.

Assuming it's over £16,000 - if it's in the account at the end of an assessment period, your UC will end and you won't get the payment for that assessment period, so you'll have to reclaim once it's gone (again they'll want proof of where it went) and you're eligible for UC again.
If it's under £16,000 they'll make a proportional deduction from your payment, then you let them know when it's gone and then your UC will return to normal.

Thank you for the information. So my assessment period is 2nd-1st and the money (over £16k) was transferred at the end of last month, will go out again next week. Does that mean I'm right royally f@ked and my UC is going to be cancelled? Have I understood that right?

swingaloo

I think you need to get your story straight before any interview. According to your other post you and your husband are buying a property, putting in £159,000 cash and you have had substantial savings which were gifted to your husband a good few years ago.

HillStreetBlues

That time-frame sounds far to quick for the DWP to be sending letters.

Muttleythefrog

[Deleted User] said:

I've had a letter today from UC to say they've got reason to believe I've got undeclared capital. I don't at all. I don't work and have a meagre few quid in savings here and there. However it's a joint claim and my husband is currently in the process of buying a house, his father has transferred him an amount of money to send to the solicitor by way of a gifted deposit. This has been in his account for a couple of weeks and will be sent to a solicitor next week for completion. I can only presume this is what this is referring to. Where do we stand here? The money will be long gone before the "interview" even happens 

As above.... get your story straight before any interview... since it doesn't exactly ring true here on MSE. You have a joint claim and his savings should have been declared if the totality of both your 'savings' were £6k or over. If your husband has not held the funds but his father has been holding savings for him to enable you both to get benefits then that's fraud. If you've been working and not declaring that income so as to gain benefits then that's fraud. If you're trying to hide criminal assets (dirty money) by buying property that's money laundering (something conveyancers/solicitors are expected to try to prevent hence requirement to know source of funds). Getting a mortgage by providing false information can be mortgage fraud.

The good news for you is that great investigative talent isn't something the DWP or conveyancing departments in law firms are particularly renowned for... the former won't likely see your materially conflicting facts on MSE (hence my advice to get your story straight because even a blundering fool will realise you can't be working and not working) and the latter will be more likely interested in clicking on the next stage of their case management software so as to not incur your wrath for delays.

The DWP will be able to see accounts (not at transactional level without a fraud investigation or your voluntary supply of such I understand) in both of your names and it is entirely possible this has triggered their interest if they have seen an indicative high balance recently. They could also have received a tip off from an organisation or someone who knows your situation. 

My husbands father gave him money for his 21st birthday (he’s now 34) and also a lump sum about 7 years ago which he has just had in a savings account all that time and is now using towards a property purchase. As my husband has had this money for a really long time is it considered a “gift” still? 

We are putting in £156,900 CASH and the remaining £103.100 is mortgage from nationwide

We both work 

Last note: If you want accurate advice on MSE (or anywhere else frankly) it helps to provide honest information. The advice you've received is good for the information provided on the thread. But the information provided on the thread appears very different than provided in other threads (which I've quoted) and significantly would change the advice here. Unfortunately as the advice based on all posting history would lead to potential complicity in criminal activity I can't say more other than take control of the facts and if you feel vulnerable then a professional lawyer may help.

BargainJunky

You definately need to get your story straight and if you want help you need to give the full facts otherwise the advice given could be way off the mark.

On another post you claim that you both work yet in this one you do not work.

On this thread your father in law is gifting you the deposit but reading between the lines this money was actually gifted years ago and held in an account - if that account was in your husbands name then you did have undeclared savings.  The water is a little murky if your father in law held onto it in his name thus allowing your husband to claim benefits.

You ask about the 7 year rule - the money would be 'your' money now if it was in your husbands name however if it remained in an account under your father in laws name the 7 years would only start now.  You cannot have it both ways.

I suggest you detail the full facts so that members can attempt to guide you on the best way forward.

poppy12345

A previous thread last month suggests your husband has had capital for more than 10 years. https://forums.moneysavingexpert.com/discussion/6518381/help-confused-savings-towards-mortgage#latest

How long have you been claiming UC for? You say you have no capital but when claiming UC with a partner your joint circumstances are taken into consideration. 

Danien

Not surprised they are now a deleted user.