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Posts posted by konark

  1. Changes in savings are not notifiable unless the amount goes over £5,500. The amount that people have in the bank changes virtually every day so smaller changes are not notifiable.

    Stating the exact amount of savings is usually only done when applying for benfits, you'll always be below the threshold anyway.


    An executor has great leeway to distribute an estate when and how they want, as long as it complies with the terms of the will. Interim payments are commonly given to beneficiaries, as sometimes monies must be witheld by the estate for a fixed period to satisfy any potential liabilities.


    The question should be is it lawful not whether it is suspicious. I'll admit it is pretty slippery but probably no more than many tax-avoidance schemes like bed and breakfasting. If any member can see a flaw in the strategy I'd be grateful for their opinion.

  2. Bank overdrafts are deemed to be repayable immediately.


    Why doesn't your sister give you an interim payment of £5,400 (not notifiable to DWP) which you can spend on living expenses, upgrading appliances etc , when that is gone she can make a final payment of £5,400 , then you will never be over the threshold.

  3. Interesting situation, first of all a deed of variation could/would be viewed as 'deprivation of capital.'


    AFAIAA you are not deemed to have the money until it hits your account so it can be kept within the estate. You will of course have a beneficial interest in this money, but it could be argued you have had this since the day testator died.


    The executor of the will does not have to tell you of any forthcoming bequest so you could claim you didn't know of the legacy. How long the executor could hold off paying you is debatable but certainly a year or so from the granting of probate.


    Your easiest choice is to take the money and tell the DWP. You can then pay of any debts, buy new household goods, clothes and a car if you fancy, you'd be amazed at the sort of spending that has been adjudged to be allowable by decision makers..If you are unsure you can always ask them formally whether spending on a certain thing would be allowable. No luxuries though; foreign holidays are probably out, definitely no tomfoolery. You should soon be below the £6,000 threshold.

  4. It is possible someone on JSA may become entitled to IS, as I did a few years ago when I was carer for my elderly mother. I can't remember being told to sign off before I put the IS claim in , particularly as it was initially rejected because my mother's AA hadn't been processed.


    Nistagmite, the categories you mention are not exclusive, there are, according to web sites , several more uncommon situations in which you can claim IS.

  5. Yes of course if it was done deliberately they can refuse notional offsetting, so you'll just have to convince them that it was an oversight and you forgot to tell them.


    I don't know how long you've been living together, hopefully not before 2010 when NO became available, but with your partner on both the mortgage and the electoral roll it won't be difficult for HMRC to work it out so you're best coming clean about it , stressing that it was an oversight. Beware what you say to them they record everything.

  6. Thanks Nystagimte , yes obviously you can't be paid both at the same time but until the IS claim is allowed and processed you aren't actually claiming.


    Also it means that anyone applying for IS has to be 100% certain that they are eligible, and the staff on the helplines seem to have a rather sketchy idea of what the exact criteria are.

  7. A friend of mine.. no , really,... who is currently on JSA believes they are entitled to IS. However whenever they ring the number to make a new claim for IS they are told they need to end their claim for JSA before the claim for IS can even be made. Obviously the problem is that at best, they are going to be without money for several weeks while the claim is processed, at worst their claim for IS will be disallowed and they will lose their JSA and have to reclaim it.

    I was in the same boat a couple of years ago and I can't remember having to close down the JSA claim, the IS just started and they automatically closed the JSA claim, it's all part of the DWP anyway.


    Is my friend being correctly advised?




    How do HMRC know whether you failed to report the change deliberately or just forgot, have they added mind-reading to their array of powers?. 'Notional offsetting ' is your friend in this very common situation. The amount of overpayment will depend upon how much your partner earns, e.g if he was on benefits you'd have got the same amount anyway so no overpayment would be due, if he's on a decent wage you will have to pay back a lot of money which TBF you weren't entitled to anyway.

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