Deprivation of Income

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  • #23523
    Jayne-T
    Participant

    Am I correct in thinking that the important factor in deciding whether to include income is the intention in giving the income away??

    This income has been donated to a charity in memory of a deceased partner and we have accepted that the intention was [u:ac0b8672bb]not[/u:ac0b8672bb] to claim / increase entitlment to HB/CTB.

    The claimant is a pensioner.

    #12955
    seanosul
    Participant

    Are you sure you do not mean capital?

    Anyway the law with regard to income

    (1) A claimant shall be treated as possessing income of which he has deprived himself [b:fa917a1a21]for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit. [/b:fa917a1a21]
    (2) Except in the case of—
    (a) a discretionary trust;
    (b) a trust derived from a payment made in consequence of a personal injury;
    (c) a personal pension scheme, occupational pension scheme, retirement annuity contract or a payment made by the Board of the Pension Protection Fund where the claimant is aged under 60; SI 2005/2465
    & SI 2005/588
    (d) any sum to which paragraph 45(a) and 46(a) of Schedule 6 (disregard of compensation for personal injuries which is administered by the Court) refers;
    (e) rehabilitation allowance made under section 2 of the 1973 Act;
    (f) child tax credit; or
    (g) working tax credit,
    any income which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by the claimant but only from the date on which it could be expected to be acquired were an application made.

    #12956
    Jayne-T
    Participant

    Thanks for the reply. I do actually mean income, it is an annuity for the deceased partner. The income is monthly and is sent directly to the charity.

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