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deprivation of capital

SM9346

Hi everyone again, I've just wondering about this. With this rule what does it mean? Basically can you spend what you want on anything if you are under £6000 or is it like if you are over £6000 and spend or send someone like £2000 just to get you back below the capital limit for example. Anyone got a clue what it means?

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Comments

anisty

Lol well Summerlove's given the cynical answer there!

From what i have read, deprivation of capital is a hard one for DWP to prove but it basically means that you have deliberately got rid of money to keep your entitlement the benefit going.

You won't need to declare saving below 6k so it's unlikely you would be accused of DofC below that amount - though, technically you could be if there was ever a reason to investigate your claim thoroughly.

So - if you can - it's best to keep a fairly regular and consistant pattern of spend on your account. You can buy what you want but be sure to keep receipts for those one-off emergency big spends that can crop up - £400 suddenly going out on your AP day could be queried if it's a one off. Absolutely fine if you had to rush your cat to the vet and can prove it. Looks dodgy if you took out £400 cash and haven't a scooby where it went!

So - if you find your money is building up over the 6k, it could be best to declare and pay the small deduction than disposing of money just for the sake of spending.

SM9346

https://forum.scope.org.uk/discussion/comment/997061#Comment_997061

”You won't need to declare saving below 6k so it's unlikely you would be accused of DofC below that amount - though, technically you could be if there was ever a reason to investigate your claim thoroughly.”

What do you mean with technically you could be if there was ever a reason to investigate your claim throughly?

SM9346

I thought you can spend your entire UC each month if you wanted too?

SM9346

https://forum.scope.org.uk/discussion/comment/997106#Comment_997106

Hi Danny, thanks for the reply. So if I get £809 on LCWRA each month. I can basically spend all that if I wanted too each month as I’ll be under £6000 regardless?

anisty

Yes @SM9346 - you sure can spend it all every month and that's the best way to go.

anisty

@Danny123 - i think DofC could technically be applied retrospectively on under 6k.

I am thinking of a hypothetical situation where, say, your current account balance always had unspent money in it each month and you never declared.

Initially you are under 6k, but after 10 years on UC, there's 10k there.

And then UC call your claim for review. They find you have 10k and they call in all statements going back to your claim start.

They notice, that 5 years prior, your balance sat at around £5800 for 2 years. They look closely and notice, just before your AP assessment date every month, money has been withdrawn in cash.

They question you and there is no plausible explanation of how you spent that money.

They put it to you that you deliberately disposed of that cash to keep under 6k for 2 years until you could do it no longer and that's when it built up.

Highly unlikely, but not impossible?

anisty

Ps i do agree if your savings have never gone over 6k, it can't happen.

SM9346

https://forum.scope.org.uk/discussion/comment/997385#Comment_997385

Hi @anisty so basically I can live my life and not worry about any of these reviews if I get one.

anisty

Correct @SM9346 this money is designed to be spent and not saved. You won't need to worry at all.

SM9346

https://forum.scope.org.uk/discussion/comment/997729#Comment_997729

Thanks @anisty. I’ve been worrying about this a lot over the last month. At least I’ve got reassurance for everything now. That was bothering me.

Just checked my ESA guide book thing I had and it says exactly the same about DOC. Word for word.

pereto

you can spend whatever you want its your money. I save about 90% of mine as i dont really go out or do anything then have holidays