UC and deprivation of capital... Need some advice :/

HillStreetBlues

Spoonie_Turtle said:

HillStreetBlues said:

pmlindyloo said:

Just to confirm....

Advice for Decision Makers UC  Capital Disregards

Funeral plan contract H2057

The value of a funeral plan contract is disregarded indefnitely. “Funeral plan contract” means a contract where a person makes payments to secure the provision of a funeral in the UK for the person on their death and where the sole purpose of the plan is to provide for a funeral1 . 1 UC Regs, Sch 10, para 11

Although that is a different issue to what this thread is about
 

Or is it* technically moving capital into a disregarded form rather than disposing of it (like paying into a pension is)?

*Although perhaps it's more accurate to ask 'would it be, if there weren't the credit card and paying off debt step in the middle?'

It can still be classed as DoC even if moving capital to disregarded capital. Case law R (IS) 13/94

This thread was never about if it was disregarded, as if it wasn't then OP would just have been moving capital from one place to another place so would have needed to have the deduction (Basically the thread would serve no propose if it wasn't disregarded) .
The two things that  can never be DoC are
(a)reducing or paying a debt owed by the person; or
(b)purchasing goods or services if the expenditure was reasonable in the circumstances of the person's case.

andrewmp

HillStreetBlues said:

Spoonie_Turtle said:

HillStreetBlues said:

pmlindyloo said:

Just to confirm....

Advice for Decision Makers UC  Capital Disregards

Funeral plan contract H2057

The value of a funeral plan contract is disregarded indefnitely. “Funeral plan contract” means a contract where a person makes payments to secure the provision of a funeral in the UK for the person on their death and where the sole purpose of the plan is to provide for a funeral1 . 1 UC Regs, Sch 10, para 11

Although that is a different issue to what this thread is about
 

Or is it* technically moving capital into a disregarded form rather than disposing of it (like paying into a pension is)?

*Although perhaps it's more accurate to ask 'would it be, if there weren't the credit card and paying off debt step in the middle?'

It can still be classed as DoC even if moving capital to disregarded capital. Case law R (IS) 13/94

This thread was never about if it was disregarded, as if it wasn't then OP would just have been moving capital from one place to another place so would have needed to have the deduction (Basically the thread would serve no propose if it wasn't disregarded) .
The two things that  can never be DoC are
(a)reducing or paying a debt owed by the person; or
(b)purchasing goods or services if the expenditure was reasonable in the circumstances of the person's case.

You're right in what you say about debt.

I came across this on another forum: 

https://www.rightsnet.org.uk/forums/viewthread/20804/

It seems the DWP don't know how to apply the law, however clear it may be. I'm guessing this person will win at tribunal, but what a nightmare in the meantime. 

Why can't they just get things right in the first place?

HillStreetBlues

andrewmp said:

You're right in what you say about debt.

I came across this on another forum: 

https://www.rightsnet.org.uk/forums/viewthread/20804/

It seems the DWP don't know how to apply the law, however clear it may be. I'm guessing this person will win at tribunal, but what a nightmare in the meantime. 

Why can't they just get things right in the first place?

That's why I work on a need to know basis with the DWP.
I never report anything I don't legally have to.