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Inheritance affecting ESA claim

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5 years 7 months ago #216994 by steveinleo59
Inheritance affecting ESA claim was created by steveinleo59
We have been sent a capability for work questionaire for my wife's ESA claim.

We will at some point in the next few months have probate granted in on inheritence following my mother's death. When do the DWP take the stance regarding eligability for ESA and inheritence. Is it upon granting of probate (when any cash or property ownership transfers), or is it based on the date that the relative passed away?

Your advice is very much appreciated.

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5 years 7 months ago #217019 by Gordon
Replied by Gordon on topic Inheritance affecting ESA claim
Steven

First of all, it depends on the type of ESA you are receiving as to whether this is an issue or not, if you are receiving any Income Related ESA then it will be.


The critical date is when you have control of the money and can dispose of it, so when the probate is settled.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 7 months ago #217137 by steveinleo59
Replied by steveinleo59 on topic Inheritance affecting ESA claim
Thank you Gordon for your advice.. We don't know how we'd of got through the last eight years following my accident from a hit & run. The advice available on this forum is invaluable and certainly we would not of got our PIP or ESA sorted without it.
We are quite well educated folks and it has dumbfounded us how calculatingly cold and callous the DWP are.
Many thanks and keep up the good work.
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