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Told I can’t use this premium bonds money for our house deposit as it’s illegal?

603 replies

kiav · 27/09/2024 11:19

We have two premium bonds accounts. One is in my name and one is in DD’s name. We have 50k in mine and 30k in DD’s.

we are now in a position to buy a home. We will need the 50k for a deposit and we also need the 30k for things like stamp duty, new sofa, to do a small bit of work that needs doing in the downstairs etc.

I have been told by a friend it’s illegal to use Dd’s 30k for this? This is money we have saved from our income but now our circumstances have changed we need it. Surely premium bonds should tell you this before you invest??

OP posts:
Thread gallery
7
homeishere · 29/09/2024 07:55

You absolutely can take that money and use it to buy a house. You control the money in your child‘s account and can use how you see fit as they are a minor. As a good parent who is already planning on securing your child’s future, no doubt you’ll build their savings fund back over time.

we’re planning to do exactly the same with our children’s premium bond accounts when we buy a house soon.

LivelyGoldOrca · 29/09/2024 07:44

DixonD · 27/09/2024 12:32

Did you put it in her name because you reached the limit for your own name and you never intended to give it to her?

The issue you have now though, is that the solicitor will want to see proof of funds and this is where it might get tricky.

No, we showed our solicitor where the money was coming from. No issue that its was the kids p b

Laurmolonlabe · 28/09/2024 21:50

Ok, but if that were entirely true the solicitor and/or the building society would have accepted the money as a deposit- they would have no legal right to refuse it.

Wellretired · 28/09/2024 21:07

Check the ns&I website to be sure, but as parent/guardian you control the money and can cash the bonds in. Then use the money in your daughter's best interests which is yo have a decent home. I don't know why you were told that it is illegal, it might be worth asking where your informant got that information from for your own peace of mind, but I have never heard of this before.

ThisOldThang · 28/09/2024 19:56

There are some people on Mumsnet that consider ISAs to be morally wrong because they are a legal form of tax avoidance.

Premium Bonds probably also fail their moral tests because the winnings are tax free.

We've now got people posting Karl Marx quotes, so we're only a short hop from 'property is theft'.

I don't think you can rely upon these people to provide objective opinions on the accumulation of capital via saving and the subsequent purchase of property.

DadJoke · 28/09/2024 19:56

The law is that it’s the child’s money which may be spent on her behalf by someone with parental responsibility. If it’s cashed in, it’s still the child’s. The only question is, is spending the money on stamp duty and renovations to the benefit of the child legally? I don’t know the answer to that,

starrynight009 · 28/09/2024 19:45

When you apply for universal credit all premium bonds under the name of your children are taken into account under the savings threshold as parents have access to it all. Therefore, it seems the government consider it to be the parent's money.

Cantbelieveit888 · 28/09/2024 19:36

Skybluepinky · 28/09/2024 19:33

Of course not, it’s yr dd money, u use tax advantages, u would need to explain to lender where the money came from.

Another person who has absolutely no clue and does not have first hand experience of the matter.

Skybluepinky · 28/09/2024 19:33

Of course not, it’s yr dd money, u use tax advantages, u would need to explain to lender where the money came from.

Cantbelieveit888 · 28/09/2024 19:15

Mamabobogo · 28/09/2024 19:08

Would it have to be written permission? Could be difficult!

😂😂

Mamabobogo · 28/09/2024 19:08

Laurmolonlabe · 28/09/2024 18:15

If they are in her name you need her permission- it's her money.

Would it have to be written permission? Could be difficult!

John493 · 28/09/2024 18:57

What does DD mean ?

ThatsNotMyTeen · 28/09/2024 18:45

Laurmolonlabe · 28/09/2024 18:15

If they are in her name you need her permission- it's her money.

She’s 5 🙄

Windrainandsnow · 28/09/2024 18:34

Dobest · 28/09/2024 18:08

I'm very cynical about tax. Aren't you?

I really don't know what you mean by this comment.

I would rather pay a little more in tax if it funds decent services and a decent society.

I don't have any time for tax evasion/ tax avoidance.

I also think the richest in society should be paying more in tax. "From each according to his ability, to each according to his needs"

Cantbelieveit888 · 28/09/2024 18:28

usernamealreadytaken · 28/09/2024 18:19

There’s no legal right of a child under 16 to own or control the money in a PB; it is solely managed by the custodian. The custodian can withdraw at any time and use the money as they wish. As I said previously, it’s a moral argument not a legal one.

from NSI -
Not registered? You can easily withdraw money from yours or your child’s Premium Bonds without needing to create an online profile. All you need to do is fill out a quick online form. Make sure you have your account details to hand.
Cash in your Premium Bonds
Cash in a child’s Premium Bonds
Please note: you must be the person responsible for the child’s Premium Bonds in order to withdraw them or close the account.
Want to cash in specific Bonds?
If you’d like to take money out of Premium Bonds, but make sure that certain Bonds are kept in the draw, you can do this online using a form.

I’d trust the advice of a financial services provider over a random on t’internet.
https://www.onefamily.com/junior-isa/junior-isas-vs-premium-bonds/

  • “Junior ISAs and premium bonds can be given as gifts
Both JISAs and premium bonds can be gifted. This means parents can open a JISA or buy some premium bonds in the child’s name. This means only the child will be able to take money out of their JISA (when they reach 18). However, despite the child “owning” premium bonds in their name, their parent or legal guardian will be responsible for them until the child reaches 16, so they can sell the bonds at any time.”

Absolutely correct, Mrs Sunshine is just a morally self righteous person who does not know how premium bonds works for parents and their kids….legally of course.

her morals supersede her knowledge of what is legal

usernamealreadytaken · 28/09/2024 18:19

MrsSunshine2b · 28/09/2024 17:30

It doesn't. The money legally belongs to DD. She is the custodian of the money and has the right to remove it from the PB and use it to benefit DD. Using it for a sofa would not pass the threshold.

There’s no legal right of a child under 16 to own or control the money in a PB; it is solely managed by the custodian. The custodian can withdraw at any time and use the money as they wish. As I said previously, it’s a moral argument not a legal one.

from NSI -
Not registered? You can easily withdraw money from yours or your child’s Premium Bonds without needing to create an online profile. All you need to do is fill out a quick online form. Make sure you have your account details to hand.
Cash in your Premium Bonds
Cash in a child’s Premium Bonds
Please note: you must be the person responsible for the child’s Premium Bonds in order to withdraw them or close the account.
Want to cash in specific Bonds?
If you’d like to take money out of Premium Bonds, but make sure that certain Bonds are kept in the draw, you can do this online using a form.

I’d trust the advice of a financial services provider over a random on t’internet.
https://www.onefamily.com/junior-isa/junior-isas-vs-premium-bonds/

  • “Junior ISAs and premium bonds can be given as gifts
Both JISAs and premium bonds can be gifted. This means parents can open a JISA or buy some premium bonds in the child’s name. This means only the child will be able to take money out of their JISA (when they reach 18). However, despite the child “owning” premium bonds in their name, their parent or legal guardian will be responsible for them until the child reaches 16, so they can sell the bonds at any time.”

Online Forms

https://forms.nsandi.com/gateway/online-forms/index#/form/withdraw-premium-bonds-child

Mill3nnial · 28/09/2024 18:17

I do find it a bit odd to save money for the child if you're then going to use it. You should have just saved the money in your own name if you see it as yours, assuming you put it all in.

Aduvetday · 28/09/2024 18:17

MrsSunshine2b · 28/09/2024 18:05

83% think OP is being unreasonable to think she will get away with this, so I'd say the argument was already won. I'd take a good hard look at your morals and consider a different solicitor in future.

Most of MN are hysterical over stuff like this. They think what is morally right is legally right. Often thinking their opinion overrides the law. It doesn’t. A vote where people think and speak without knowing what there are talking about - often hysterically does not win an argument.

Cantbelieveit888 · 28/09/2024 18:16

You clearly don’t have PBs in your child’s name love.

Laurmolonlabe · 28/09/2024 18:15

If they are in her name you need her permission- it's her money.

ClaredeBear · 28/09/2024 18:13

Someone could gift you the money but it all needs to be above board and pass AML etc and whatever the tax implication is - with a child’s “gift” you’d be bypassing that. Maybe this is what your friend means.

Cantbelieveit888 · 28/09/2024 18:13

MrsSunshine2b · 28/09/2024 18:05

83% think OP is being unreasonable to think she will get away with this, so I'd say the argument was already won. I'd take a good hard look at your morals and consider a different solicitor in future.

It doesn’t matter that 83% of the people thinks this she is being unreasonable because at the end of the day the OP is allowed to withdraw the money back into her own account. Once it’s in her account she can then use it for a purpose she believe benefits her 5 year old. There is no way to check on this as we all know…. So let her be and just get on with it.

also my solictors are fine thanks, reputable and know the law. If they are fine with it and no red flags raised.. then her doing this is a non issue.

Dobest · 28/09/2024 18:08

Windrainandsnow · 27/09/2024 11:33

Well I just did a quick Google and it seems OP is entitled to use the money.

Morally though as OP has taken advantage of the tax free status of the winnings and on the face of it gifted the money to her child it looks really cynical to use her child in this way.

I'm very cynical about tax. Aren't you?

MrsSunshine2b · 28/09/2024 18:05

Cantbelieveit888 · 28/09/2024 18:02

lets call it quits you aren’t winning this argument and the OP will do what she wants with the money as she can legally withdraw and use it to what she thinks benefits her daughter as the legal guardian of the money..

bye felicia!

83% think OP is being unreasonable to think she will get away with this, so I'd say the argument was already won. I'd take a good hard look at your morals and consider a different solicitor in future.

Cantbelieveit888 · 28/09/2024 18:02

MrsSunshine2b · 28/09/2024 17:30

It doesn't. The money legally belongs to DD. She is the custodian of the money and has the right to remove it from the PB and use it to benefit DD. Using it for a sofa would not pass the threshold.

lets call it quits you aren’t winning this argument and the OP will do what she wants with the money as she can legally withdraw and use it to what she thinks benefits her daughter as the legal guardian of the money..

bye felicia!