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Deprivation of Assets and UC

171 replies

V2Schneider · 15/02/2025 21:48

I am aware of this topic being posted a few times, but having read many of the posts and replies, I can’t seem to find an answer that covers my circumstances.

BACKGROUND
My wife has Myeloma Blood Cancer, had a stem-cell transplant in 2020… now the cancer is back, and she’s back in chemo, and probably set for her second Stem-cell transplant later this year.

My eldest (19) has a recent diagnosis of autism, which explains the difficult times we had with school and education since they were 11.

My youngest (15) has a genetic condition, and attends special school.

I don’t live with them anymore. I also have an autoimmune disease, Vasculitis, and so I am not working.

QUESTION
Since my wife’s illness has got worse, she is finding it increasingly difficult to maintain the house, and garden. So much so that it needs a complete clear-out and repairs etc. My kids don’t have the capacity to help, really, and so things have just got out of hand.
I decided that I have to do something, so I looked to one of my pensions. I have applied for early retirement, but I have to take the initial lump sum all in one go, and that could be between 15-20k…

I am on UC, with LCWRA, and PIP. Having so much money will obviously stop my UC.

i am planning to use the money (£6000 of it initially) to put things right at my wife and kids’ home.
I also wanted to pay for my wife and kids to go on holiday.

so, my question is: Does paying for repairs etc. to my wife and kids’ home, and paying for a holiday for them (by god, they need one!) count as me willingly depriving myself of capital to keep benefits?
Has anyone been through something similar?

The rest of the money I will be using to clear my own debts, and may even take a holiday myself!

TIA

OP posts:
Soontobe60 · 15/02/2025 21:50

Are you and your wife separated?

WellsAndThistles · 15/02/2025 21:55

Only the DWP will know but ultimately, you are depriving yourself of assets for non essentials and the tax payer having to fund your future benefits isn't the best use of public funds.

I totally understand why you want to help out though but thay maybe shouldn't be at the tax payers expense.

JohnofWessex · 15/02/2025 22:16

Who owns the house?

If you are an owner then clearly you have a responsibility to maintain it

V2Schneider · 15/02/2025 23:00

Soontobe60 · 15/02/2025 21:50

Are you and your wife separated?

We’re not divorced, but we live apart. The reasons why we live apart I’m not going into, but it wasn’t a breakdown of marriage… we’re still operating as a family, so to speak.

OP posts:
V2Schneider · 15/02/2025 23:01

JohnofWessex · 15/02/2025 22:16

Who owns the house?

If you are an owner then clearly you have a responsibility to maintain it

It’s rented. I am still named on the tenancy…

OP posts:
V2Schneider · 15/02/2025 23:03

WellsAndThistles · 15/02/2025 21:55

Only the DWP will know but ultimately, you are depriving yourself of assets for non essentials and the tax payer having to fund your future benefits isn't the best use of public funds.

I totally understand why you want to help out though but thay maybe shouldn't be at the tax payers expense.

Non-essentials includes looking after my kids welfare and wellbeing?

Please don’t make me out to be a scrounger, taking what I can from the tax-payer. I’ve worked since my teens, and paid into the system until I couldn’t with anymore due to my disability…

OP posts:
Overthebow · 15/02/2025 23:04

Clearing your debts will be fine but I would think two holidays (one for you, one for them) will be frowned upon and would be classed as deprivation of assets. Holidays aren’t essential and you need that money to live.

V2Schneider · 15/02/2025 23:19

Overthebow · 15/02/2025 23:04

Clearing your debts will be fine but I would think two holidays (one for you, one for them) will be frowned upon and would be classed as deprivation of assets. Holidays aren’t essential and you need that money to live.

But in the threads that k have read on this topic, holidays are ok… at least for myself.

This really is a minefield of grey areas… no one actually seems to have a definitive answer, and I don’t mean here… I mean everywhere, even the folks in UC. :/

OP posts:
WellsAndThistles · 15/02/2025 23:23

V2Schneider · 15/02/2025 23:03

Non-essentials includes looking after my kids welfare and wellbeing?

Please don’t make me out to be a scrounger, taking what I can from the tax-payer. I’ve worked since my teens, and paid into the system until I couldn’t with anymore due to my disability…

It's not me you have to convince.......

V2Schneider · 15/02/2025 23:28

WellsAndThistles · 15/02/2025 23:23

It's not me you have to convince.......

No, I know that.
I was looking for advice, however, not censure.

The issue arises only because I have no choice but to take a large lump sum from my pension to make sure my family is safe… It would seem harsh to penalise someone who has worked for decades, paid into the system, who then has a need to look after the family.

But thanks for your understanding.

OP posts:
WellsAndThistles · 15/02/2025 23:28

V2Schneider · 15/02/2025 23:19

But in the threads that k have read on this topic, holidays are ok… at least for myself.

This really is a minefield of grey areas… no one actually seems to have a definitive answer, and I don’t mean here… I mean everywhere, even the folks in UC. :/

Pretending I'm a benefit assessor (I used to be but not anymore) can you answer this - Are you living separately to double dip from the benefit pot? So both you and wife both claiming benefits as single people as that might contradict your argument that you are paying for your wife and kids as benefits are already in place for them.

V2Schneider · 15/02/2025 23:33

WellsAndThistles · 15/02/2025 23:28

Pretending I'm a benefit assessor (I used to be but not anymore) can you answer this - Are you living separately to double dip from the benefit pot? So both you and wife both claiming benefits as single people as that might contradict your argument that you are paying for your wife and kids as benefits are already in place for them.

No, not at all.
Do people do that?

Without going into great detail, there was a legal issue 5 years ago that made it impossible for me to stay with them. The issue is resolved, with no blame, but we are now living apart as we are no longer in the same relationship as we were before…

In terms of “double-dip” on the benefits, I was working until a year ago, and we separated 5 years ago… so there wasn’t 2 lots of benefit… I was supporting myself, and my family with a full time wage.

OP posts:
WaneyEdge · 15/02/2025 23:35

Surely if the house is rented it’s up to the landlord to do repairs? No way would I spend money on a house I didn’t own.

oviraptor21 · 15/02/2025 23:39

The debts will be fine.
If you then have more than £6K which you then spend the DWP will want to know why. Best way to approach this is have the conversation up front. Ask them to give you written confirmation of what you will be allowed to spend the money on.

Julen7 · 15/02/2025 23:42

oviraptor21 · 15/02/2025 23:39

The debts will be fine.
If you then have more than £6K which you then spend the DWP will want to know why. Best way to approach this is have the conversation up front. Ask them to give you written confirmation of what you will be allowed to spend the money on.

Agree with this. You need to have the conversation with them before any expenditure, rather than after.

V2Schneider · 15/02/2025 23:49

WaneyEdge · 15/02/2025 23:35

Surely if the house is rented it’s up to the landlord to do repairs? No way would I spend money on a house I didn’t own.

No. It’s a council property.

The repairs and clean-up that is required is not their problem. It’s not repairs for faulty things in the house, it’s installing new fencing, clearing the garden so it’s safe for my kids, and clearing the house of clutter etc. that my wife is now unable to do because she is so poorly.

OP posts:
V2Schneider · 15/02/2025 23:51

Julen7 · 15/02/2025 23:42

Agree with this. You need to have the conversation with them before any expenditure, rather than after.

But that’s the issue, because they won’t actually give a clear answer… it’s like they are saying “we’ll know it when we see it”.

It’s the uncertainty. A search through Google only reveals more uncertainty, with many different opinions. That’s why I asked above if anyone had had direct experience of this sort of thing…

OP posts:
oviraptor21 · 15/02/2025 23:54

Give them an itemised list.
Then they can't say they haven't seen it.

WaneyEdge · 15/02/2025 23:54

V2Schneider · 15/02/2025 23:49

No. It’s a council property.

The repairs and clean-up that is required is not their problem. It’s not repairs for faulty things in the house, it’s installing new fencing, clearing the garden so it’s safe for my kids, and clearing the house of clutter etc. that my wife is now unable to do because she is so poorly.

Oh I see, apologies didn’t realise. I can’t advise on the benefits question but I hope everything works out for you.

OwlInTheOak · 15/02/2025 23:55

Its under 16k so whilst it may reduce payments until it is gone it shouldn't stop them. Take the payment, clear debts then report what you have, then report changes after house repairs are done. That should put you under the 6k amount and then it's your choice if you spend the remaining amount on holidays.

V2Schneider · 15/02/2025 23:56

WaneyEdge · 15/02/2025 23:54

Oh I see, apologies didn’t realise. I can’t advise on the benefits question but I hope everything works out for you.

Thank you. My family and I have been through a lot over the last few years… I just want to do something to make their (and my) life better… but it’s a minefield. :(

OP posts:
Phase2 · 16/02/2025 00:00

www.gov.uk/guidance/universal-credit-money-savings-and-investments

Does this link not help? It says you have to tell them about pension lump sums. It says payment for essential goods and services may not count as deprivation of assets .

FiveBarGate · 16/02/2025 00:06

When will you get the money?

Are they all big jobs or could they be broken down into smaller chunks?

I.e if you spent say £200 this month on garden clearance. And next month spent a few hundred pounds on fencing or on gravel for the garden, I don't think there's anything to stop you doing that. But you'd be best to pay directly not transfer the money to your wife.

You can't suddenly give her 3k though as that would be a deprivation of assets.

KangaRoo00 · 16/02/2025 00:07

Paying someone over 10K to sort the garden out? Why not move back in and help where you can, I agree with pp, it wouldn't be fair to spend all that cash yet still be supported by UC. You would also have already declared the money in a pension surely?

Moier · 16/02/2025 00:08

I'd go see a benefit advisor at the Citizens advice .. think that's your best bet . It's annoying because you have worked and paid into your pension.. good luck.

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