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Notional Capital - how far back do the DLA look
- Ducky Mum
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4 months 2 weeks ago #291308 by Ducky Mum
Notional Capital - how far back do the DLA look was created by Ducky Mum
Hello
I am due to receive a modest inheritance which I will use to pay off the mortgage and repairs on the house etc, and use a Deed of Variation to pass some to my son. I am on UC and PIP and not currently working.
I anticipate that will leave me with over 16k and therefore will not be claiming UC but still receiving PIP.
I am hoping that I can start to find some work by doing temporary jobs (very difficult on UC). I would not have enough money from the inheritance to keep me going for the 6 years until retirement and may need to claim UC again in the future if I can not find enough work.
I have not been able to find out how years back the DLA looks for Notional Capital.
1 Would a Deed of Variation in favour of my son count as Notional Capital? If so for how long?
2 My initial spends will be on essentials for the house but does a holiday or garden room count as deprivation of capital? It would be a shame to receive money and not be able to have any enjoyment of it.
Thank you for any advice.
Duck Mum
I am due to receive a modest inheritance which I will use to pay off the mortgage and repairs on the house etc, and use a Deed of Variation to pass some to my son. I am on UC and PIP and not currently working.
I anticipate that will leave me with over 16k and therefore will not be claiming UC but still receiving PIP.
I am hoping that I can start to find some work by doing temporary jobs (very difficult on UC). I would not have enough money from the inheritance to keep me going for the 6 years until retirement and may need to claim UC again in the future if I can not find enough work.
I have not been able to find out how years back the DLA looks for Notional Capital.
1 Would a Deed of Variation in favour of my son count as Notional Capital? If so for how long?
2 My initial spends will be on essentials for the house but does a holiday or garden room count as deprivation of capital? It would be a shame to receive money and not be able to have any enjoyment of it.
Thank you for any advice.
Duck Mum
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- Gary
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4 months 2 weeks ago #291341 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Notional Capital - how far back do the DLA look
Hi Ducky Mum
Your question is outside the remit of the forum. We would advise you to seek advice from your local Welfare Rights Organisation; advicelocal.uk . I do not know how a deed of variation works and what effect it has on benefits.
You can spend your money on what you want, including holidays and a garden room. One piece of advice I would give you is to keep receipts of any large expenses.
Gary
Your question is outside the remit of the forum. We would advise you to seek advice from your local Welfare Rights Organisation; advicelocal.uk . I do not know how a deed of variation works and what effect it has on benefits.
You can spend your money on what you want, including holidays and a garden room. One piece of advice I would give you is to keep receipts of any large expenses.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- David
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4 months 2 weeks ago #291378 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Notional Capital - how far back do the DLA look
Yes, the DWP would investigate a deed of variation and the following rules would apply.
H1175 Pending the completion of the administration, a benefciary without a specifc bequest (a
residuary benefciary) has valuable rights in the form of a chose in action (see H1036). This can be valued
(H1643) and should be taken into account as actual capital. If the residuary benefciary gives away his
interest by a deed of variation before administration is complete then this may amount to deprivation
and the DM should consider H1815 et seq.
Here is the link to UC and capital.
assets.publishing.service.gov.uk/media/6...2be1322238/admh1.pdf
H1175 Pending the completion of the administration, a benefciary without a specifc bequest (a
residuary benefciary) has valuable rights in the form of a chose in action (see H1036). This can be valued
(H1643) and should be taken into account as actual capital. If the residuary benefciary gives away his
interest by a deed of variation before administration is complete then this may amount to deprivation
and the DM should consider H1815 et seq.
Here is the link to UC and capital.
assets.publishing.service.gov.uk/media/6...2be1322238/admh1.pdf
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Ducky Mum
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4 months 1 week ago #291508 by Ducky Mum
Replied by Ducky Mum on topic Notional Capital - how far back do the DLA look
Hello
Thank you for your reply. I have read the ADM and I am still lost.
I would stop claiming UC when I receive the inheritance and live off this and try and find work or some income by way of self employment. Given that I am used to living on a small amount I anticipate that even if I don't find work that I would not be claiming for 2 or 3 years. Worst case scenario is that in a few years I will have to claim due to unemployment, ill health and the ever increasing pension age. (Though realistically I may die before retirement.)
How many years back do the DLA look at your expenditure?
Thank you.
Thank you for your reply. I have read the ADM and I am still lost.
I would stop claiming UC when I receive the inheritance and live off this and try and find work or some income by way of self employment. Given that I am used to living on a small amount I anticipate that even if I don't find work that I would not be claiming for 2 or 3 years. Worst case scenario is that in a few years I will have to claim due to unemployment, ill health and the ever increasing pension age. (Though realistically I may die before retirement.)
How many years back do the DLA look at your expenditure?
Thank you.
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- Catherine
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4 months 1 week ago - 4 months 1 week ago #291510 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Notional Capital - how far back do the DLA look
Hello Ducky Mum, As far as I know there is no rule about how far they can look back. Sorry about that.
Gary gave you good advice when he said that you should seek personal advice from a local agency - they will be able to help look at the specifics of your situation.
Catherine
Gary gave you good advice when he said that you should seek personal advice from a local agency - they will be able to help look at the specifics of your situation.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 months 1 week ago by Catherine.
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