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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:
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7
Negroany · 27/09/2024 20:10

HaveSomeIntrospect · 27/09/2024 18:50

Just google it and I stand corrected, you can cash out her premium bonds. Doesn’t make it right though.

They can "cash them out" but it's still the child's money, not theirs. They gifted it to her when they put it in her name. That is the legal position.

And, taking the tax free winnings and keeping them for themselves is tax evasion/fraud.

But no, no-one is getting locked up or paying a fine (no-one has suggested that at all). But if this money needs to be used for part of the house purchase that goes via the solicitor (the purchase itself, stamp duty etc) then the source will be looked into by the solicitor and it's very likely the solicitor will say it cannot be used (not because it IS money laundering, again, no-one has said that) but because the solicitor needs to check the source under anti money laundering rules.

Bottom line is - put money in your kids' names, it belongs to them. You may control it, move it, invest, cash it, etc, but it still belongs to them.

Mamabobogo · 27/09/2024 20:10

llamali · 27/09/2024 19:52

I HAVEN'T EVER SAID YOU CAN'T CASH IN PREMIUM BONDS

But you

Have missed the point that it goes into the parents account.

look at that all said without the need for caps, which makes you look like the five year old in the scenario!

I won’t engage with someone so ridiculous that they use caps lock in that manner.

embarrassing for you!

Cantbelieveit888 · 27/09/2024 20:08

MrsSunshine2b · 27/09/2024 20:04

You expect us to believe that you said to your solicitors, "This money is in my child's name, but it isn't really for my child, it's just so I can avoid some tax, so I'm using it to buy myself a nice house which my child will not have any ownership of," and the solicitors said, "No problem, I'll just sign off to say that this money which isn't yours is yours, congrats on the tax avoidance."?

Of for goodness sake I just sent a screenshot of the account with my child’s name and the funds… I didn’t say all the garbage you just spouted…. Solicitor said fine and house sale went through

Cantbelieveit888 · 27/09/2024 20:06

Exactly this, showed a screenshot of the account name and funds to our solicitors… not a problem and nothing flagged, as I have nothing to hide. you don’t have to believe me either.

llamali · 27/09/2024 20:04

Cantbelieveit888 · 27/09/2024 19:57

Good we agree, however you might not agree that a sofa is benefitting the child, I’m indifferent to it and the OP thinks it’s benefitting her child. So 3 different opinions. The OP in the end won’t be going to jail for this.

I don't think she'll go to jail either but she's breaking the terms and conditions that she signed up for

MrsSunshine2b · 27/09/2024 20:04

Cantbelieveit888 · 27/09/2024 19:59

It is fine, my solicitors did not flag this was an issue

You expect us to believe that you said to your solicitors, "This money is in my child's name, but it isn't really for my child, it's just so I can avoid some tax, so I'm using it to buy myself a nice house which my child will not have any ownership of," and the solicitors said, "No problem, I'll just sign off to say that this money which isn't yours is yours, congrats on the tax avoidance."?

drowninginsick · 27/09/2024 20:03

kiav · 27/09/2024 11:24

I just think it’s crazy as it’s obviously money we have tried to save for her but our circumstances as a family have now changed

I'm not sure any of these people have premium bonds, just withdraw it to your account it's fine

Cantbelieveit888 · 27/09/2024 19:59

MrsSunshine2b · 27/09/2024 19:57

Exactly. PP's seem confused about the difference between behaviour that is legal, and behaviour that is easy to get away with.

It is fine, my solicitors did not flag this was an issue

Cantbelieveit888 · 27/09/2024 19:59

Negroany · 27/09/2024 19:55

Exactly that.

Funny how the vociferous (and rude) poster is also the one who can't comprehend a simple sentence.

Look we all know she will do it and it will be fine :)

MrsSunshine2b · 27/09/2024 19:57

Mia85 · 27/09/2024 19:54

We are going round in circles here. As explained above it is not a matter of opinion. There are centuries of case law on when a child's assets can be used for their benefit. This problem is essentially the foundation of wardship - it is ancient. Were there to be a dispute a judge would give a determination of whether the money had been used to benefit the child or not.

Of course there is very unlikely to be a case here - it's quite easy to take money back from a 5 yr old - but that does not mean it is legal for the parents to simply do as they wish. Nor does it mean that the parents' view on what benefits the child determines their legal obligations.

Exactly. PP's seem confused about the difference between behaviour that is legal, and behaviour that is easy to get away with.

Cantbelieveit888 · 27/09/2024 19:57

llamali · 27/09/2024 19:54

Yes.

We are agreeing. I don't know why you're having a go at me. However you do agree when signing up to use it for the benefit of the child. Buying a sofa isn't.

Good we agree, however you might not agree that a sofa is benefitting the child, I’m indifferent to it and the OP thinks it’s benefitting her child. So 3 different opinions. The OP in the end won’t be going to jail for this.

llamali · 27/09/2024 19:56

Mia85 · 27/09/2024 19:47

She is entirely correct. The terms and conditions quoted above explain that you can withdraw money for the benefit of the child (not yourself). Even if they did not, that is the standard legal position (see s3(3) Children Act 1989).

There are many situations in which people have control over the management of money that belongs to other people (power of attorney, trustees etc). The fact that they can mange that money does not mean that they can (legally) do what they want with it or treat it as theirs. The same applies here.

Yes if I were POA for my mum and she was living with me I would have a hard time justifying buying a sofa for the whole family to use with her money. If it were a specially adapted sofa that my mum needed to be able to sit down easily then that is a different matter.

Negroany · 27/09/2024 19:55

Mia85 · 27/09/2024 18:19

There isn’t a high hurdle to gift your child money. The high hurdle is to rebutting the presumption of advancement ie the presumption that a transfer from parents to minor child is a gift.

Exactly that.

Funny how the vociferous (and rude) poster is also the one who can't comprehend a simple sentence.

Mia85 · 27/09/2024 19:54

Cantbelieveit888 · 27/09/2024 19:50

Yes but you would determining what is for the benefit of the child as you control it… so therefore it’s a matter of opinion

We are going round in circles here. As explained above it is not a matter of opinion. There are centuries of case law on when a child's assets can be used for their benefit. This problem is essentially the foundation of wardship - it is ancient. Were there to be a dispute a judge would give a determination of whether the money had been used to benefit the child or not.

Of course there is very unlikely to be a case here - it's quite easy to take money back from a 5 yr old - but that does not mean it is legal for the parents to simply do as they wish. Nor does it mean that the parents' view on what benefits the child determines their legal obligations.

llamali · 27/09/2024 19:54

Cantbelieveit888 · 27/09/2024 19:50

Yes but you would determining what is for the benefit of the child as you control it… so therefore it’s a matter of opinion

Yes.

We are agreeing. I don't know why you're having a go at me. However you do agree when signing up to use it for the benefit of the child. Buying a sofa isn't.

llamali · 27/09/2024 19:52

Mamabobogo · 27/09/2024 19:45

Well you’ll know that you can cash them in then!

I HAVEN'T EVER SAID YOU CAN'T CASH IN PREMIUM BONDS

Cantbelieveit888 · 27/09/2024 19:52

OP just use it for the house… no one but various mumsnetters is going to bat an eyelid…. Not even solicitors!

Cantbelieveit888 · 27/09/2024 19:50

Mia85 · 27/09/2024 19:47

She is entirely correct. The terms and conditions quoted above explain that you can withdraw money for the benefit of the child (not yourself). Even if they did not, that is the standard legal position (see s3(3) Children Act 1989).

There are many situations in which people have control over the management of money that belongs to other people (power of attorney, trustees etc). The fact that they can mange that money does not mean that they can (legally) do what they want with it or treat it as theirs. The same applies here.

Yes but you would determining what is for the benefit of the child as you control it… so therefore it’s a matter of opinion

Mia85 · 27/09/2024 19:49

Arran2024 · 27/09/2024 19:46

If the parents lost their jobs and spent their own savings and had to go onto UC, would the DWP consider the £30k to be part of the parents' assets and therefore refuse to grant UC? I suspect they would - in which case the parents would surely have to take the money out. So then surely the parents can take it out any time?

No they would not. https://www.gov.uk/guidance/universal-credit-money-savings-and-investments#childrens-savings

The government understand that money in the child's name belongs to the child and not the parents.

Though no doubt there are measures to avoid this being used fraudulantly)

Universal Credit: money, savings and investments

How Universal Credit is affected by having money, savings and investments. We call this ‘capital’.

https://www.gov.uk/guidance/universal-credit-money-savings-and-investments#childrens-savings

Cantbelieveit888 · 27/09/2024 19:48

llamali · 27/09/2024 19:45

https://www.nsandi.com/products/premium-bonds it on this page at the very bottom "Please make sure you’ve read our current customer agreement (terms and conditions) before applying."

Well clearly you haven’t?!

Cosyblankets · 27/09/2024 19:47

Of course you can use premium bonds to pay for whatever you like... your own. Not someone else's

Mia85 · 27/09/2024 19:47

Cantbelieveit888 · 27/09/2024 19:45

Questionable as you clearly don’t know what you signed up to.. and the legal implications of it

She is entirely correct. The terms and conditions quoted above explain that you can withdraw money for the benefit of the child (not yourself). Even if they did not, that is the standard legal position (see s3(3) Children Act 1989).

There are many situations in which people have control over the management of money that belongs to other people (power of attorney, trustees etc). The fact that they can mange that money does not mean that they can (legally) do what they want with it or treat it as theirs. The same applies here.

Arran2024 · 27/09/2024 19:46

If the parents lost their jobs and spent their own savings and had to go onto UC, would the DWP consider the £30k to be part of the parents' assets and therefore refuse to grant UC? I suspect they would - in which case the parents would surely have to take the money out. So then surely the parents can take it out any time?

Cantbelieveit888 · 27/09/2024 19:45

llamali · 27/09/2024 19:42

Yes I do.

Questionable as you clearly don’t know what you signed up to.. and the legal implications of it

Mamabobogo · 27/09/2024 19:45

llamali · 27/09/2024 19:42

Yes I do.

Well you’ll know that you can cash them in then!