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Dad pays off mortgage.
Client on IRESA (not getting help with mortgage). In March her dad paid off her mortgage (70k).
I think this would be a capital payment made to a third party and should be ok. Is this right?
If it was paid to her for the purposes of paying the mortgage, would this be a deprivation question?
I’m going round in circles a bit.
If your client never had any sort of legal right to the money and it never passed through her hands, then it was never her capital to deprive herself of and it goes no further than that.
(Equally, if it went through her hands but on the specific understanding that she was to use it for the purposes of paying off the mortgage, this would give rise to a trust and there would be no issue with capital deprivation. It would only be if the father gave her the money for her to use however she liked and she then chose to spend it on gratuitously paying off her mortgage that there would be a deprivation question)
[ Edited: 4 Jul 2022 at 04:44 pm by Elliot Kent ]