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benefit in kind

 

Phil R
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Nestor Financial Group Ltd

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Joined: 20 January 2016

I have a claimant with severe disabilities. His mother wants to help him out by paying some of his bills once a year. Would this be classed as benefit in kind and affect his bens? He receives ESA-C and IR. Would this actually need to be declared?

Thanks

     
Phil R
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Nestor Financial Group Ltd

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Total Posts: 193

Joined: 20 January 2016

Ignore me. It can’t be benefit in kind as he doesn’t work. Doh!

     
MickD
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Welfare Rights Derbyshire County County

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I think this should be treated as a regular (annual in this case) voluntary payment and as such disregarded as income or capital.  I would declare it though and try and give the decision maker a steer on how it should be treated (Employment and Support Allowance Regulations 2008 Sch 8 para 16).