deprivation / notional capital

Client calls IS to discuss a relatively small deprivation / notional capital decision from where she has paid off a debt.

They tell her categorically that she cannot buy cups, glasses or garden tools as these would be deprivation, and that she must not give her daughter money for the vending machines at college as these don’t produce a receipt and that she must not spend more than a certain amount on food. She is absolutely terrified.

She says she called her local IS office, who said she would get a call back from Belfast (it was Belfast that told her the above about certain items always being deprivation), any ideas what office that would be (and any suggestions for an address for my complaint letter?)

Jane

No idea of the identity of the Glasgow office but you might want to copy your complaint to DWP policy at:-

Department for Work and Pensions
Correspondence Unit
Room 540
The Adelphi
1-11 John Adam Street
London
WC2N 6HT

Jane OP - 22 May 2012 11:08 AM

Client calls IS to discuss a relatively small deprivation / notional capital decision from where she has paid off a debt.

They tell her categorically that she cannot buy cups, glasses or garden tools as these would be deprivation, and that she must not give her daughter money for the vending machines at college as these don’t produce a receipt and that she must not spend more than a certain amount on food. She is absolutely terrified.

She says she called her local IS office, who said she would get a call back from Belfast (it was Belfast that told her the above about certain items always being deprivation), any ideas what office that would be (and any suggestions for an address for my complaint letter?)

Jane

All capital matters are subject to the guidance in the DMG and subject to the DM’s discretion on what is reasonable. If the client has been in IS for a long time and come into capital and paid off a debt that she would never be able to pay off on benefit I would say that is reasonable especially if she was in arrears and at risk of court action. Can she appeal the decision?

Thanks! I’m really fuming about this one.

Once I’ve established that the decision can’t get any worse I think I will advise her to appeal too.

Jane

What your client should not do is to deprive herself of capital FOR THE PURPOSES OF OBTAINING (MORE) BENEFIT.  Her motives are key as to whether particular expenditure is considered to be deprivation.  Even providing receipts for items purchased does not guarantee that this won’t be seen as deprivation. 

However, I would have thought the sort of items the client was intending to use the money for are normal everyday expenses and could not meet the deliberate deprivation criterion.

It’s infuriating isn’t it. As soon as anyone starts listing what items are or are not deprivation it just demonstrates that they haven’t a clue what deprivation means.

I had a case a few years ago in a previous job where the chap was an alcoholic and had inherited and then blown 40K in 9 months. He didn’t have a single receipt to show for any of it. We won the appeal.