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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Deprivation of capital

MaggieB
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Dorchester CAB

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I think I know the answer but would welcome other opinions

Client is in the position of being able to buy his daughter a property, she is on cb and ib ESA/HB.  He does not want to buy and own the house and just allow her to live in it because of the tax repercussions of owning a second home and he would like her to take advantage of any right to buy or other schemes open to her. He does not wish to set up a trust for her.
We have explained the deprivation of capital rules and that DWP would need to show she deliberately…..etc but he is very concerned to put her in this position and how this would affect her mental health especially as appeals are taking over a year in this area.
If he transferred the money for the sale of the house directly to vendor on completion day but the house was in her name would this circumvent the deprivation rules or would she still risk a deprivation of capital decision and loss of both ESA and HB?

Daphne
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If he’s buying the house, albeit in her name, then she has never had the capital - the house is a gift to her. If she’s living in the house it won’t count as capital even though in her name. Obviously HB will cease as no longer renting but I can’t see that it would affect ESA.

ClairemHodgson
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Daphne - 05 August 2019 05:39 PM

If he’s buying the house, albeit in her name, then she has never had the capital - the house is a gift to her. If she’s living in the house it won’t count as capital even though in her name. Obviously HB will cease as no longer renting but I can’t see that it would affect ESA.

this.

she has no capital.  if she never has any capital, she can never deprive herself of it.

and, one would have thought that knowing ones housing was secure would be of advantage to her mental health

stevenmcavoy
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think the capital issue has been dealt with but another potential option is for dad to buy the house and make the client a tenant and claim hb if they can get passed the contrived/commercial agreement issues.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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stevenmcavoy - 07 August 2019 11:15 AM

think the capital issue has been dealt with but another potential option is for dad to buy the house and make the client a tenant and claim hb if they can get passed the contrived/commercial agreement issues.

Opening post says dad doesn’t want to own a second home.

stevenmcavoy
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Ianb - 07 August 2019 12:25 PM
stevenmcavoy - 07 August 2019 11:15 AM

think the capital issue has been dealt with but another potential option is for dad to buy the house and make the client a tenant and claim hb if they can get passed the contrived/commercial agreement issues.

Opening post says dad doesn’t want to own a second home.

yip.  because of the tax implications so that scenario could change the picture.

probably not but its an option if it hadnt been considered.

ClairemHodgson
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if Dad owned a second home, there would be capital gains tax implications for him should it ever be sold; also, potentially, IHT implications

but easier just for dad to give the money to the solicitor and have the property transferred into his daughter’s name.

there would still be IHT implications if dad doesn’t survive 7 years and his estate is large enough to get to that…