After how many payments does it become a regular payment?

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RSISolutions
RSISolutions Online Community Member Posts: 132 Contributor
in Employment and Support Allowance (ESA)
Dear @BenefitsTrainingCo I am aware that if you receive regular payments from a charity  or a relative, and these payments are not expected to be paid back, in other words they are a gift, this is disregarded and doesn't count towards your income – if you are on an income related benefit such as ESA.

My question is what is a regular payment? After how many payments does it become regular? Two or more?

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  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    RSISolutions,

    The payments can become regular as soon as they start, as long as they are made or 'due to be made' regularly. So they could be regular from the very beginning, if you could show that the intention was that they would continue at regular intervals.

    Hope that helps.

    Will
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    Hi @BenefitsTrainingCo

    What if they stop after 4 payments and you are still on income based ESA?
  • [Deleted User]
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  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    edited February 2018
    No. Not restart again. I didn't say that.

    Just stop completely after 4 payments. 
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  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    RSISolutionsRSISolutions,

    I think 4 payments which are made regularly & then stop are probably still regular payments. The regs simply say a payment made or due to be made at regular intervals. I don't think the fact that the series of payments then stops would matter.

    However, if for some reason the payments didn't qualify (if they were not made at regular intervals or were not due to be paid in this way), then they might be irregular payments in which case they would be treated as capital, and unlikely to affect your claim unless they took you over £6,000 in capital.

    i'd also be cautious if the payments are from someone who is expected to maintain you, such as a partner or ex-partner. These are treated as maintenance, and could be taken into account.

    Income-related ESA isn't taxable. However, Victoria's points above about inheritance tax might be relevant, depending on who is making the payment to you.

    Will


  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    Thank you @BenefitsTrainingCo. If the payments were treated as irregular payments and added to my capital would my benefits stop?

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