Cost of living payments disregarded question?

H1767 Cost of Living Payments should not be considered as part of a claimant’s capital:

1. during the AP they are received or
2. In any subsequent AP they remain unspent

I found the above. Basically saying if they remain unspent? But if the account it went into the capital did go lower than the COL payments received but my savings in my other account did not drop below the cost of living payments then can it still be seen as being unspent?

Thanks so very much for this....

Anything I can refer to legislation wise or is it just common sense really?

As it doesn't mention account specific either. I am also sure I read somewhere on something official that it just says so long as your capital doesn't drop below the amount of COL payments you received then they are still disregard indefinitely and no mention of "in the account in which it went into".

Hehe what do you think of my wee example :)

For example.

Sue has £2,000 in her TSB bank account and has £3,000 in her Halifax account, overall all total £5,000 Her total col payments was £1,550.. She spends £2,000 in her TSB account so is left with zero in that account. The TSB account is the account the COL payments went into. She still has £3,000 in her other account.
Her overall total in savings and capital never dropped below £3,000. She is considered by DWP to still have her £1,550 Col payments. It is irrelevant which account she was paid her COL payments into. It's her overall savings and capital which is taken into account.

Hi again and thanks.

I am a bit confused by your last post but that's not your fault just me trying to understand it all and struggling a bit as I like to do everything properly.

I think your last post was a positive one and basically saying that do not worry the DWP will not go against their own ADMs, so therefore as long as your overall capital and savings, (regardless of if the account the COL payments went into went under the amount of the COL payments) remained higher than the COL payments since you received them then the full amount of COL payments you received will still be disregarded. Yes?

Very helpful thank you I appreciate it alot. I will make a note in journal asking if they can please disregard our COL payments as despite the specific account it went into dropping below the COL payments amounts, that our overall savings combined ie from other accounts, never at any point fell below the COL payments amount. Hopefully they will then disregard our COL payments for our capital.

On a different subject can I ask you these 3 questions please.

1. I set up a child Saver account for obviously my child. However  I do have access to it easily as and when as my mother puts in money for our disabled child so when something extra is needed for her we can access it easily. I am guessing that would not be disregarded due to us having access?

2) Also my wife pays into a private pension though her work. It appears on her payslip. I think its taken out of her pay..not sure if it is taxed etc. Presume it is. Is that taken into account for UC purposes as capital?

3) I've heard people have pension pots that they pay into while on UC and it doesn't affect it? Is that true.