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DLA and inherited a house with two brothers
- Julie
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1 year 9 months ago #278740 by Julie
DLA and inherited a house with two brothers was created by Julie
Hi, I am presently on DLA, income related ESA and housing tax, rent benefit. I am presently in a situation where i have inherited a house with my two brothers. My brother will not disclose any information about the house and neither will the solicitor. I was told the house was on the market but then told its still going through probate. Both my brothers are in dispute about it. I am aware they give you 6 months to sell the house and then all means tested benefits are stopped. I am very concerned because all benefits will stop, but i was told DWP would stop my DLA as well despite it not being means tested. Is there anyway to appeal this as when my benefits are stopped i only have two weeks to stop paying rent and i am evicted - yet if i continued to have my DLA i would at least be able to pay my rent. Can anyone clarify if DWP will do this because i am at my wits end because i will own part of a house thats in dispute and not sold yet and would be left no income because my benefits would stop - I have tried to access CA all last week and this week i cannot access any advice at all and its really making my health much worse. I am scared to ask the council or DWP incase they stop everything when they shouldnt really be stopping DLA as it s not means tested. I would be greatful if any one has any insight into this i dont want to be made homeless and lose everything i own. Thank you
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- Gary
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1 year 9 months ago #278745 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA and inherited a house with two brothers
Hi Julie
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
I do not know where you got your information from but it is wrong.
1) Your DLA will not stop because of the inheritance, DLA is not a means tested benefit, it will only stop when you have an assessment and fail. if you were born after 08/04/48 then you will at some stage be asked to apply for PIP.
2) You can not be evicted after stopping your rent, to be evicted you have to first go to court who may then issue you with an eviction notice, quite often if it is your first time at court for rent arrears, they will issue you with a suspended possession order on terms that you pay current rent plus something towards the arrears. If you receive an eviction notice then I would advise you to seek help from Shelter; england.shelter.org.uk/get_help
I would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk who will be able to put your mind at ease.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
I do not know where you got your information from but it is wrong.
1) Your DLA will not stop because of the inheritance, DLA is not a means tested benefit, it will only stop when you have an assessment and fail. if you were born after 08/04/48 then you will at some stage be asked to apply for PIP.
2) You can not be evicted after stopping your rent, to be evicted you have to first go to court who may then issue you with an eviction notice, quite often if it is your first time at court for rent arrears, they will issue you with a suspended possession order on terms that you pay current rent plus something towards the arrears. If you receive an eviction notice then I would advise you to seek help from Shelter; england.shelter.org.uk/get_help
I would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk who will be able to put your mind at ease.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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1 year 9 months ago #278747 by denby
Replied by denby on topic DLA and inherited a house with two brothers
Hi and my sympathy on your situation. May I suggest you try local solicitors, to see if any offer a free half hour's advice for people who wouldn't afford it. Because I am not sure that if you are a beneficiary, as you are, the solicitor handling the deceased's Estate should be denying you information. But another solicitor might help about that.
Also I believe that even means tested benefits cannot be stopped until the money is actually in your account. So if probate has not yet been granted, there may be some time yet before you are paid your share.
And the minute a cheque has cleared into your account, you can pay your rent and bills with some of the money. Do keep receipts and bank statements in case in the future the money runs out, as you may find it easier to get benefits again if you can show where the money went.
You can always keep an eye on property websites for any sign of the house going on the market, although this is not foolproof as sometimes especially empty houses are not publicised for security.
Best wishes,
Denby
Also I believe that even means tested benefits cannot be stopped until the money is actually in your account. So if probate has not yet been granted, there may be some time yet before you are paid your share.
And the minute a cheque has cleared into your account, you can pay your rent and bills with some of the money. Do keep receipts and bank statements in case in the future the money runs out, as you may find it easier to get benefits again if you can show where the money went.
You can always keep an eye on property websites for any sign of the house going on the market, although this is not foolproof as sometimes especially empty houses are not publicised for security.
Best wishes,
Denby
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- Sammianne
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1 year 9 months ago #278750 by Sammianne
Replied by Sammianne on topic DLA and inherited a house with two brothers
It looks like you may need some legal advice here as your problems seem to be stemming from the probate which can at times take a year sometimes two.
Would suggest as well as the great advice from B&W to contact welfare support, to also see if there is a Law Centre near you which offers free advice usually with benefit advisors and solicitors donating some free time pro bono.
Where I lived they helped me enourmously with my PIP appeal, but they also can help and advise with civil legal matters also.
Would suggest as well as the great advice from B&W to contact welfare support, to also see if there is a Law Centre near you which offers free advice usually with benefit advisors and solicitors donating some free time pro bono.
Where I lived they helped me enourmously with my PIP appeal, but they also can help and advise with civil legal matters also.
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