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deprivation of capital.

Posted , 6 users are following.

lisa24871
lisa24871

Hi

Reading material on here, what does deprivation of capital mean? I have a mortgage and I am on contributionary esa support group. Contributionary because I had  ill health retirement after a spinal tumour and brain tumour affected my health, 

0 likes, 7 replies

7 Replies

  • AlexandriaGizmo
    AlexandriaGizmo lisa24871

    Posted

    As far as I'm aware it means when you have say £16000 in the bank and you try to spend it on things not absolutely nescassarry, like buying your mum say a car when it's really for you and depriving yourself of savings. That's my take on it, others might be able to explain it better

  • Southernbelle
    Southernbelle lisa24871

    Posted

    I  went through a lot of tribunals with the CSA when they kept giving my ex nil assessments I did some research and claimed on the grounds of Deprivation of income,  so not sure if similar - in his case it was his saying he had no income  (supposedly not working ) for the sole purpose of not having money to pay maintenance- it went through several tribunals and to children’s commission as he was a self employed builder claiming he wasn’t working. I won. 

    But as I understand it, it is claiming you don’t have something so you don’t have to pay or get something - so it could be you are depriving yourself or saying you don’t have some capital so you can claim Benefit ? 

    • Southernbelle
      Southernbelle

      Posted

      By the way I and the tribunal panel all knew he was working , doing nil tax returns etc so he was depriving himself of an income on paper to avoid paying for his son. 

      I found this on line - 

      Any spending done specifically to be able to claim benefits is likely to be classed as Deprivation of Capital. For example blowing a couple of grand on a fancy new TV. 

  • denise15811
    denise15811 lisa24871

    Posted

    Hi Alexandria is correct with her advice. Although because you claim Contribution based benefits then savings/capital don't affect you. Unless you're claiming an Income related top up of your ESA and then it would affect this. The top up means than anything over £110ish per week would mean you're claim an Income related top up (premiums).

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