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Thread: Deprivation of Capital?

  1. #11
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    Thanks, that's a good point, the rules being different for PC though we've another 11-12 years before we can claim it as I'm a couple of years younger than hubby. The Age UK lady phoned me back earlier and said she'd spoken to a colleague who used to work at DWP, and they reckoned the funeral plans may be accepted as a reasonable spend because of our long-term health issues (which will recorded on our PIP forms and assessments along with the multiple medications we both take each day). They also confirmed that upgrading our vehicles and mobility scooters should be fine as it's to help with our mobility needs and quality of life, but I'm still wary of taking out the funeral plans as I know those guys on Rightsnet really know their stuff.

  2. #12
    Senior Member nukecad's Avatar
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    I think that you are right to be wary.

    What you can do in the circumstances is write to the DWP explaining that you are considering buying the funeral plans and why you are considering it, and asking them if that would be classed as deprivation or not.

    The rules say that it's not deprivation if you have prior permission from the DWP to spend the money in a certain way.

    For the IS it's DMG Chapter 29 again: (But don't forget the council for HB/CTR and HMRC for CTC, although they usually follow the DWP they don't have to).
    29843 Claimants or partners have not deprived themselves of capital for the purpose of getting benefit or more benefit if they

    1. say exactly what they are going to do with their capital and

    2. are told by an officer of DWP it will not affect the amount of benefit they can get and

    3. do what they said they were going to do with their capital.
    If you ask them about each part of the other intended spending as well then it will also clarify that spending, even though nobody thinks that should be a problem anyway.
    Last edited by nukecad; 29-04-21 at 13:53.
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  3. #13
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    Thanks, that's what I was thinking of doing. When we got the lump sum from my ex a few years ago, I phoned them to tell them we were expecting the money through a court order and asked them whether our planned spending on the wheelchair accessible van, mobility scooters and furniture/kitchen appliances would be ok. They said they'd refer it to a DM and we'd get a call back to discuss it further but, unsurprisingly, they never bothered getting back to us so we went with what we'd been told by a really good benefits advisor at an organisation which no longer exists due to funding cuts. I never thought of writing to them at the time but that actually seems like a good idea. Whether we'll actually get a response, never mind one that's any use, is anyone's guess but it's definitely worth a try. I can easily put something together listing what we're wanting to do and the reasons why. It seems in our area the council bases its award of HB/CTR on us being in receipt of IS, so presumably if it's accepted by the DWP the council should follow suit - I hope!

  4. #14
    Senior Member nukecad's Avatar
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    You should get something like that in writing, it's too easy for them to deny later that they said something over the phone.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  5. #15
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    They're supposed to record conversations but I wouldn't trust them as far as I could throw them - I dare say recordings could "disappear" if it suited them!

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