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Thank you Benefits people Options
wood
#1 Posted : Friday, March 18, 2011 7:45:01 PM Quote
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Hi, the benefits people have found out that we have £1.500 too much in savings, now they have stopped my Income Support, all I have to live on is £192 in Disability Living Allowance, they don't seem bothered about it at all, if I spend it too quick they will investigate that too, I just can't win at all, any suggestions at all? love Kimxx
chockers
#2 Posted : Friday, March 18, 2011 10:25:59 PM Quote
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buy a new bed and a washing machine things you can,t live with out .

christine
The chocolate eating housewife ...The washer woman .....naughty lady
benmaise
#3 Posted : Saturday, March 19, 2011 12:33:49 AM Quote
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Spend it on things you need to help you be more comfortable ! Kathleen Mc.
RichC
#4 Posted : Saturday, March 19, 2011 10:08:40 AM Quote
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Hiya Kim,

For them to have come to that decision, they must have decided that you have £17,500 in Savings/ Capital , since the upper limit is £16,000.

Is their calculation of your savings correct ?, you do have the right of appeal of the decision within one month of that decision.Or for a written statement of reasons. And have you been on IS a while or is this a new claim.(ie how come your capital has gone up ) What is the make up of their figure , is it all cash in the bank ,etc.
Income support is a means tested benefit , and therefore means that you have to use your savings to live on.

Even if you spend the £1500 excess , it could be regarded as "disposing of income in order to gain benefits". So you would need to be careful about this as if you spend it , they could then regard you as still having the income , and hence still not entitled to benefits.(Notional Income)

Income Support rules are that you will receive full benefit (minus non dependant deductions) IF YOU HAVE UNDER £6000.
Between £6000 and £16,000 , you will lose £1 of benefit for every £250 of capital. (Tariff Income)

So if they regard you as having £17500 savings and you dispose of £2,000 =£15,500 you would lose £38 of benefit a week due to "Tariff Income ". That's if they accept that you spent the money correctly.

You really need face to face advice , to see if the decision is challenge able , and to find the best direction for you to go in since you cannot just spend money without advice . I hate to say this but if you are on Housing Benefit or Council Tax Benefit , they will use the same rules of Capital and Savings as the DWP , so you need to tell them of your change of Circumstances in order to avoid overpayments.
Get an appointment with an advice agency as soon as you can as this is a very complex and specialist subject normally relying on Tribunal decisions.


Rich :)

"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
Julia17
#5 Posted : Saturday, March 19, 2011 4:29:53 PM Quote
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What would we do without you Rich, every helpful.


Julia ThumpUp
jenni_b
#6 Posted : Saturday, March 19, 2011 9:20:07 PM Quote
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i wonder if you have a loan to pay off somewhere to family/ friend. It seems mad to have such a little bit over and not get anything. It should be proportional surely?
how to be a velvet bulldoser
RichC
#7 Posted : Sunday, March 20, 2011 3:42:58 PM Quote
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here is how complex it is and the reason face to face advice is necessary.....

Even if you had any debts to pay off , you would have to prove that the debt had to be paid back immediately.

In the DWP's view they are trying to administer legislation and look after tax payer's money.

However if you have no way out of them assessing your capital at that level now , there is something called "diminishing" capital ..which basically would allow you to spend X amount of money a week..and hence you would need specialist , in depth face to face advice on the level of spending that would be acceptable ..

See what a nightmare it is !.

Rich
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
wood
#8 Posted : Friday, March 25, 2011 1:14:56 PM Quote
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Thanks for the info Rich, we have made a list of things we want to buy, so we are going to do some spending soon, it just all wrong to me we got an inheritance but can't enjoy all of it, this system is all wrong, we were going to keep some for later love Kimxx
LynW
#9 Posted : Friday, March 25, 2011 3:37:37 PM Quote
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Hi Kim

As Rich has said do be very very careful what you spend and you must keep all receipts. I worked in Legal Aid and often people would try to get rid of their capital assets in order to claim Legal Aid paid for by the Tax payer. What they accept as necessary expenditure is very limited indeed and often requires evidence that such spending is really necessary. For example a special orthopaedic bed may need the backing of a doctor to confirm that you require the item at this tiem or your health will suffer. Paying off debts, they may require written signed and dated statement as evidence that the debt does actually exist and must be paid back now.

It is all fairly watertight so advice on this would be in your best interests. You could end up spending your hard saved money to gain nothing.

Take care, I wish you well,

Lyn x
My son, Ian, completed the BUPA Great North Run on 15th September running for the National Rheumatoid Arthritis Society (NRAS). You can read his story at http://www.justgiving.com/ianlukewilson

wood
#10 Posted : Tuesday, April 26, 2011 9:14:24 PM Quote
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Hi, thought I would give you an update, by the time we repaid over paid council tax, housing benefit and income support we are down to £7.000, would be long before I can apply again, but unsure whether too or not, the only things we have bought for ourselves is our funeral plans and wills, I am only 53 but you never know love Kimxx
RichC
#11 Posted : Thursday, April 28, 2011 11:49:46 AM Quote
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Hi Kim ,

You should in deed qualify and should reapply immediately .. as stated above .. between £6000 and £16,000 ... If you indeed have £7000 in savings (inc ISA's , Shares etc)and no other properties , or interest in other properties , then you , at present will lose £4 from your benefits as notional income (see above again).

You should also be able to spend a reasonable amount per week ..which over time will reduce your capital to below the lower threshold of £6000

All of the things you have paid above should be regarded as essential payments , since the consequences of NOT paying them in full are harsh. Also the future plans spending should be regarded as legitimate .
It is possible however that they could argue that you did not have to pay back the Housing Benefit in full and immediately , however this is money that you should not have received (due to your capital) and you would have a fair argument against an adverse decision on that.

Again , any decision that IS or the Council come to would be appeal able (within one month from the date of the decision).

All i can say to anyone is when you come into capital , is that you declare it immediately!!, looks like the level of repayments you have made ..ie approx £10,000 could have meant that the Council and DWP would have looked at possible fraud , and Councils especially take action more frequently nowadays.


EDIT ... your IS claim should still be "Live" as you are credited with National Insurance credits , however it is possible they may require you to claim ESA instead .. there seems to be confusion as to the facts of what happens when you go from receiving an income to getting just NI credits.. i will look into it deeper ..however i say again it would be good for you to seek face to face advice.

All the best

Rich :)



"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
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