- Posts: 99
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Inheritance (of either money or property) and benefits?
× Members
Inheritance (of either money or property) and benefits?
- Faith
- Topic Author
- Offline
Less More
2 years 6 days ago #276161 by Faith
Inheritance (of either money or property) and benefits? was created by Faith
Hi,
Firstly, apologies for my ignorance about this topic.
My current circumstances:
I'm receiving:
income-related ESA
PIP
Housing Benefit
Council Tax Reduction
My elderly father does not expect to live for much longer so he is about to see a solicitor regarding his will. He has asked me how an inheritance (of either money or only property) would effect my benefits.
My questions:
1. Am I right in thinking that, if I receive an inheritance which takes my savings above £16,000, I will stop getting ESA and PIP?
2. Would I also stop getting Housing Benefit and Council Tax Reduction?
3. My father is considering bequeathing his home to me, instead of bequeathing any money to me. If he did so, and I lived in the property (rather than selling it), would I stop receiving ESA and PIP (because of owning the valuable asset)?
Sorry if these are stupid questions.
Many thanks, in advance, for any info.
Firstly, apologies for my ignorance about this topic.
My current circumstances:
I'm receiving:
income-related ESA
PIP
Housing Benefit
Council Tax Reduction
My elderly father does not expect to live for much longer so he is about to see a solicitor regarding his will. He has asked me how an inheritance (of either money or only property) would effect my benefits.
My questions:
1. Am I right in thinking that, if I receive an inheritance which takes my savings above £16,000, I will stop getting ESA and PIP?
2. Would I also stop getting Housing Benefit and Council Tax Reduction?
3. My father is considering bequeathing his home to me, instead of bequeathing any money to me. If he did so, and I lived in the property (rather than selling it), would I stop receiving ESA and PIP (because of owning the valuable asset)?
Sorry if these are stupid questions.
Many thanks, in advance, for any info.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
2 years 5 days ago #276188 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Inheritance (of either money or property) and benefits?
Faith
No, your questions are not stupid. I will answer them but I also recommend you get advice from a local Welfare Rights officer.
1. If you receive money or assets resulting in you having more than £16,000 then your ESA will end. Your PIP is not affected by your savings and assets.
2. Housing Benefit is also affected by the £16,000 limit. You would need to check why you are receiving the Council Tax Reduction, if it is due to your PIP award then I would expect it to continue.
3. Yes, any property that you own and live in is not treated as an asset so you would continue to receive your ESA, however, you need to be careful not to wait too long before moving, ideally move before the Deeds are transferred, even if it only one day before.
As an alternative talk to your Father's Solicitor about creating a Trust Fund for you, if properly set up this would also exempt the money from being considered.
Gordon
No, your questions are not stupid. I will answer them but I also recommend you get advice from a local Welfare Rights officer.
1. If you receive money or assets resulting in you having more than £16,000 then your ESA will end. Your PIP is not affected by your savings and assets.
2. Housing Benefit is also affected by the £16,000 limit. You would need to check why you are receiving the Council Tax Reduction, if it is due to your PIP award then I would expect it to continue.
3. Yes, any property that you own and live in is not treated as an asset so you would continue to receive your ESA, however, you need to be careful not to wait too long before moving, ideally move before the Deeds are transferred, even if it only one day before.
As an alternative talk to your Father's Solicitor about creating a Trust Fund for you, if properly set up this would also exempt the money from being considered.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Faith
Please Log in or Create an account to join the conversation.
- denby
- Offline
Less More
- Posts: 1262
2 years 4 days ago #276239 by denby
Replied by denby on topic Inheritance (of either money or property) and benefits?
A relative of mine has set up a Trust fund for a younger relative who is on PIP and CB ESA. The enhanced PIP is deemed by the solicitor good evidence that the beneficiary is 'vulnerable' so the trust is legal.
Hope that helps
Denby
Hope that helps
Denby
The following user(s) said Thank You: Faith, Gordon
Please Log in or Create an account to join the conversation.
- Faith
- Topic Author
- Offline
Less More
- Posts: 99
1 year 11 months ago #276549 by Faith
Replied by Faith on topic Inheritance (of either money or property) and benefits?
Hello Gordon,
Thank you ever so much for this extremely helpful information!
Hugely appreciated!
All best wishes
Thank you ever so much for this extremely helpful information!
Hugely appreciated!
All best wishes
Please Log in or Create an account to join the conversation.
- Faith
- Topic Author
- Offline
Less More
- Posts: 99
1 year 11 months ago #276550 by Faith
Replied by Faith on topic Inheritance (of either money or property) and benefits?
Hello Denby,
Thank you very much for this immensely helpful information!
Massively appreciated!
All best wishes
Thank you very much for this immensely helpful information!
Massively appreciated!
All best wishes
Please Log in or Create an account to join the conversation.
- Faith
- Topic Author
- Offline
Less More
- Posts: 99
1 year 11 months ago #276559 by Faith
Replied by Faith on topic Inheritance (of either money or property) and benefits?
Hello again,
I have one follow-up question: I'm currently living in a council flat so, if I did inherit my father's house and move into it, could the DWP claim that I should have stayed in the council flat and sold my father's house and then lived off the money from the sale of the property instead of continuing to receive IR-ESA / UC? Sorry, I didn't ask that question clearly. To re-phrase it: As the gov is presently housing me (in a council flat), could they consider it to be "deprivation of assets" for me to move out of the council flat and into an inherited home when, in theory, I could remain in the council flat and sell the inherited home to provide enough money that I would no longer qualify for IR-ESA / UC?
Any info greatly appreciated.
I have one follow-up question: I'm currently living in a council flat so, if I did inherit my father's house and move into it, could the DWP claim that I should have stayed in the council flat and sold my father's house and then lived off the money from the sale of the property instead of continuing to receive IR-ESA / UC? Sorry, I didn't ask that question clearly. To re-phrase it: As the gov is presently housing me (in a council flat), could they consider it to be "deprivation of assets" for me to move out of the council flat and into an inherited home when, in theory, I could remain in the council flat and sell the inherited home to provide enough money that I would no longer qualify for IR-ESA / UC?
Any info greatly appreciated.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David