Deprivation rules

[bedofweeds]

Hi,

 

Does anybody know how long it has been since the deprivation rules came into being both for means tested DWP benefits and Local Authorities?

 

I am concerned more with the deprivation of capital as opposed to income.

 

I have opened a 'can of worms' with the DWP over something that I did way back in 1978. I am just trying to establish if the DWP have a case and if so on what basis.

[san_d]

I am not sure if there is a statute of limitation for capital deprivation but usually it's the last 12 months that get checked.

[bedofweeds]

I am not sure if there is a statute of limitation for capital deprivation but usually it's the last 12 months that get checked.

 

Thanks, yes it may be the last 12 months that get checked but where the DWP have now been handed evidence and allegations have been made of a substantial level of Capital Deprivation going back some 38 years, I'm not too sure of the position.

 

To put it bluntly, I have been asked to help by a friend who 38 years ago whilst claiming for many years Supplementary Benefit (Income Support), had disposed of two properties worth at the time approx. £50,000 (today's value approx. £450,000) by way of a gift to a close relative who has since died. Legal transfer was carried out for nil consideration, and there was an agreement that ownership would be handed back when asked. My friend is now claiming Pension Credit having transferred from ESA and has not disclosed these properties.

 

The executor of the now deceased person has become aware that the transfer of the properties was done to hide my friend's capital wealth from the DWP as well as the Inland Revenue (they were originally purchased by cash savings out of income not disclosed at the time).

[citizenkain]

38 years?,the benefit system only checks back 6 years,thats as far back as they can go.

[bedofweeds]

38 years?,the benefit system only checks back 6 years,thats as far back as they can go.

 

Thanks, that makes sense.

 

Good, so if that is the case then he only need worry about from when the transfer takes place from the deceased estate to my friend. When this happens his Pension Credit claim will go out of the window which whilst upsetting him will not enable the DWP to see how it was carried out all those years ago. It will look for all intents and purposes as a gift.

This will make his day, he had visions of having to repay over 25 years of means tested benefits.

[citizenkain]

they can go back further but only if they have taken a liability/court order out against you at the time,years ago,they can deduct it from your benefits but in the circumstances you describe its 6 years

[citizenkain]

dont hold your breath cos the dwp have some fancy lawyers,just be economical with the info!

[bedofweeds]

dont hold your breath cos the dwp have some fancy lawyers,just be economical with the info!

 

Thanks, in the first instance I think that he will keep it nice and simple. He was gifted two properties following the relative's death - end of. He just hopes that they don't do a search of the Land Register (this is if it was registered in the first place) and find that he was the original cash purchaser all those years back.

 

The only problem that could arise is what the executor will say. Technically these properties belonged to the deceased albeit that he never paid for them and that there is a separate agreement saying that they are to be handed back when requested. The rental income from them was split 50/50 between them which was also never disclosed by my friend to the authorities. I assume the deceased did the same.

[mr_mastiff]

Thanks, in the first instance I think that he will keep it nice and simple. He was gifted two properties following the relative's death - end of. He just hopes that they don't do a search of the Land Register (this is if it was registered in the first place) and find that he was the original cash purchaser all those years back.

 

The only problem that could arise is what the executor will say. Technically these properties belonged to the deceased albeit that he never paid for them and that there is a separate agreement saying that they are to be handed back when requested. The rental income from them was split 50/50 between them which was also never disclosed by my friend to the authorities. I assume the deceased did the same.

 

AS he checked the land registry as the vast percentage of private properties from that time were never registered. From experience when I dealt with my uncles properties tracing original ownership from that period is a nightmare.

[bedofweeds]

AS he checked the land registry as the vast percentage of private properties from that time were never registered. From experience when I dealt with my uncles properties tracing original ownership from that period is a nightmare.

 

Thanks - it looks like he will then get away with it - the canny b******. 38 years of telling the Inland Revenue, DWP and who knows who that he didn't have a pot to p**s in!! And all the time sat on assets of over £450,000 and upwards of £500 a month in rental payments coming in in cash.

 

Fortunately or unfortunately depending on how you look at it - you would never be able to get away with that sort of [problem] today - too many computers around with too much info being held on them.

Edited October 21, 2013 by bedofweeds