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my UC/esa will be cancelled if i accept money from an inheritance

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3 days 8 hours ago #315304 by Owen
Any body have any advice, here's what it is.
My uncle died and haS left me over £25,000 so my UC/ESA (and councill tax support), will be stopped altogether.
When i have lived off the inheritance and i am below £16,000 will they reinstate my UC/ESA or will it be classed as a new claim ?
thanjks.

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3 days 7 hours ago #315306 by David
Hi Owen

When the executor of the will has credited your bank account with the capital and your total savings have gone over £16,000 then your UC claim will end. You can make a new claim when your total savings are less than £16k but you will have lost the UC LCW or UC LCWRA status and you will need to complete what the DWP call the Health Journey.

David

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3 days 4 hours ago #315309 by denby
Dear Owen, sorry you are in this frustrating situation.

For any other readers with relatives still alive intending to leave you sums like this, please see if a solicitor can help them create a Vulnerable Peron's Trust in your favour. The trust can buy stuff for you and pay bills for you, but as you do NOT have control over or access to, the money, it is exempt from cancelling your benefit. It can't be done once the donor has died.
For Owen, please be very sure to keep as many receipts as you can for all your spending between your claim stopping and re-claiming. Also some evidence of what you "normally" spend on. You need these proofs, it is essential to defend yourself against a DWP accusation of 'intentional deprivation of capital.' I can tell you from bitter experience long ago that is to be avoided.

Best wishes in getting through this. And sorry for the loss of your uncle.
Denby
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2 days 8 hours ago #315315 by Owen
thanks David, its looking like im goinmg to be forced to accept this money i nevert tohught id be thinking of how to NOT accept such a large amout. i'm in the support group for esa, dreasding having to reapply when mu uncles money runs out and i go below £16,000 and have to reapply.

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2 days 7 hours ago #315317 by Owen
thanks Denby but my uncle died and i thinkk he would be the donor your talking about if i'm right.
i wouldnt mind if the money was out of my hands. im in th esupport grioup for esa and am dreading having tio reapply for UC/esa when the money my uncle has awarded me runs out and goes below £16,000 i feel so sick

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9 hours 27 minutes ago #315326 by David
Hi Owen

In your earlier post you said you received ESA. If you are getting contributions based New Style ESA it will carry on after as it's not affected by savings. If you are not getting ESA would you qualify if you made a new claim?

David

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