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Inheritance & means tested benefits

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1 year 8 months ago #277436 by Sdaniel
Inheritance & means tested benefits was created by Sdaniel
Does anyone know at what point you need to inform the DWP about an inheritance that takes one out of eligibility for means tested benefits (HB, CTB & disability premiums)?

Would it have to be as soon as probate is granted, or can it wait until the money has arrived in the person’s account?

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1 year 8 months ago #277448 by BIS
Replied by BIS on topic Inheritance & means tested benefits
Hi Camberwellme

You don't have to inform the DWP until the money is in someone's bank account. It is only at that point that someone can be deemed to go over the threshold.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 8 months ago #277484 by Sdaniel
Replied by Sdaniel on topic Inheritance & means tested benefits
Thank you. We have struggled to find a definitive answer to this on the Gov.uk or DWP website. We appreciate that you cannot give legal advice, but are you able to point us to where we can find confirmation of this?

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1 year 8 months ago #277538 by Gordon
Replied by Gordon on topic Inheritance & means tested benefits
camberwellme

After a lengthy search, the best I can come up with is paragraph 52076 of the following

assets.publishing.service.gov.uk/governm.../1135831/dmgch52.pdf

A more definitive statement may be impossible due to the number of Acts of Parliament that are involved, as an example there are nine different references just for ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby

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1 year 8 months ago #277572 by Nikki Hemstock
Replied by Nikki Hemstock on topic Inheritance & means tested benefits
When you get the money. Also certain uses of the money (paying off anything needed for the deceased and up to x months for buying a house etc can be used) anything over the amount received and also not spent in very specific ways within a short amount of time (don’t have all the details to hand) has to be declared and will stop any or all benefits.. till below a threshold, except PIP and DLA are not income based. Otherwise all benefits are stopped and if not reported once you have the money you may have to pay back anything you receive in the meantime. For bereavement and willed funds some expenses are allowed within first few months and so they don’t necessarily cut benefits immediately but should be informed as soon as.. within a few months it affects what you are paid unless spent on the allowable things.. but that you may want a lawyer to advise on. Don’t worry about that affecting your benefits most lawyers can spend any inheritance just on tying up all the paperwork before you see any money at all

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1 year 8 months ago #277578 by Gary
Replied by Gary on topic Inheritance & means tested benefits
Hi Nikki

Thank you for your post and welcome to the forum.

In case you are not aware your real name may be showing as your Forum ID, if this is the case then I recommend that you change it as soon as possible. See

www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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