Lump sum and benefits

[Newwayofthinking]

Could someone take £100,000 lumpsum from a divorce

Give it away to children, keep £6,000 and then claim benefits?

No

I think that would be classed as depriving yourself of assets to claim benefits which is fraud.

If it will be used to buy a house in the short term I think you can ask for it to be disregarded for a short amount of time

Don't think so, it would be seen as deprivation of assets.

If someone has £100k they don't need benefits

Could they choose not to take any money from their ex spouse and walk away with nothing.

Why would they. 100k could go towards a property if needed? Agree with PP why do they need benefits with 100k? Take the 100k, take time to find a job, pay for childcare or whatever the needs are and then hopefully no benefits needed. Strange q unless there's more to the story. I get some benefits due to low income but I'd much rather have a 100k!

No but you could say pay off a mortgage or buy a house.

Or buy a rental flat declare any income as earnings and still claim if the earnings still leave you eligible

I'm not really after the rights or wrongs or shoulds.

More can they?

Would a judge stop it?

100k is easy 5 years or living costs or childcare. Why would anyone turn it down?

No property
No children

Both currently renting

Why should taxpayers support someone who has been given 100k. Why are you asking. Is this something you are considering doing. Wont the dc get their own separate csm.

When I say no children, they are all grown

No

@Mamagotskills

No

Don't just say no

Give me reasons why a judge would throw this out.

It's not about the rights or wrongs

Use it to buy a house? That's madness to stay renting if you don't need to. Esp if you have grown children you need security in your old age. I'm in London and could find somewhere near by that this would be a hefty deposit on.

You're coming across as incredibly rude OP.

People have told you multiple times, it would be considered deprivation of assets and therefore the person would be treated as though they still had the 100k and would not be eligible for benefits. It's nothing to do with a judge and everything to do with the benefit system

I'm taking it as ops asking cos either her partner is trying to do this or her current partners ex is trying to do this.

The answer is they absolutely can.

However, if they are investigated, which is more case or when rather than if, they would likely be deemed to have committed deprivation of assets, will be asked to pay back what they've received and see their benefits cut.

If they had evidence that they gave the money for the purpose of continue to claim benefits, they will likely also receive a fine, which could be hefty.

Why would you? Makes no sense.

Its stealing off the benefits system.

What are you actually asking OP? I can kill someone doesn't mean I should or a wont go to prison in I'm caught. You post is a bit pointless unless you explain what you are actually trying to know

Thank you for thoughts so far, im sorry if i came across rude, not my intention.

Ok take the benefits out of it for a moment. If I said I didn't want any of my ex husbands pension or Lump sum. I wanted to walk away from it all.

Would I be able to do this?

(It isn't me by the way)

I think a judge would only agree to that if the other person was able to demonstrate that they were aware of the full implications, AND that they would be better off not receiving the settlement. In reality I cannot think of any situation where the other person wouldn't be better off receiving it. It's possible a judge might be prepared to award a pension share only, rather than lump sum plus pension, but again I can't see what the benefit to the recipient would be.

Thank you @titchy

I can't believe it would ever be agreed by a solicitor or judge.

I believe it is fraudulent and a blatant attempt to claim benefits (while the kids sit on a chunk of money each, which she would have access to as it's hers)

It's a bit like hiding assets in the process itself so fraudulent, you know, asking others to keep money hidden for you

Benefits office will waive certain capital for say a house purchase