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Inheritence

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6 years 2 weeks ago #213082 by Mark1968
Inheritence was created by Mark1968
I am due an inheritance soon that has finally gone through probate. I currently receive ESA contribution based, income related and PIP. I know my PIP won't be affected and know I will lose all contribution benefits, my question is what will my weekly contribution ESA be, I am in the support group and get on top of £73.10 for living expenses the extra £37.65 for limited work capability. If I have savings over £16,000 will I still keep the £37.65 as well as the £73.10 living expenses. My inheritance is a house and I presume if I move in my benefits even income related will stay the same bar housing benefit. Also if I sell the property will DWP allow me to buy another rather than paying rent?

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6 years 2 weeks ago #213093 by Gordon
Replied by Gordon on topic Inheritence
Mark

If you are only receiving Contribution Based ESA then it will not be effected by your inheritance. It is only Income Related ESA that would no longer payable if you have savings and assets in excess of £16,000.

You have mentioned that you receive Income Related benefits in your post, is there anything other than Housing Benefit that you are receiving?

There should be no problems with you selling the house and buying a new one for you to live in.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mark1968

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6 years 2 weeks ago #213100 by Mark1968
Replied by Mark1968 on topic Inheritence
Hi Gordon
Thanks for your reply. I currently receive ESA contribution based support group and non contribution based ESA top ups, PIP, housing benefit and council tax support. I realise I will lose means tested benefits if I have capital over £16,000. If I move into the property I am to inherit I presume my benefits would stay the same besides housing benefit as I obviously wouldn't need it. Would my benefits be immediately affected following the sale of this property in between buying another property and also would I need to get permission from DWP regards buying another property regarding deprivation of capital?

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6 years 2 weeks ago #213105 by Gordon
Replied by Gordon on topic Inheritence
Mark

You'll retain the Personal Allowance and Support Group component but lose any Premiums you receive.

The DWP may disregard the house as an asset for six months while you sell it an purchase a new property, you will need to see what they say about this.

You do not need their permission to purchase a new home for you to live in.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mark1968

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6 years 2 weeks ago #213108 by Mark1968
Replied by Mark1968 on topic Inheritence
Thanks again Gordon
I had a letter off the solicitors and they said my options now are to transfer the property in my name or it can be put on sale on behalf of the executors which are the solicitors so any monies from sale would go to them and then I would be paid from them minus any expenses. I don't see the point of transferring it into my name if it is just going to be sold and think this could be the quickest option. How would DWP view this? The easiest option overall would to be to transfer to my name and move in but I just can't live in that house, it's away from my family who give me a lot of help and too many memories of my aunts illness and death.

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6 years 2 weeks ago #213110 by Mark1968
Replied by Mark1968 on topic Inheritence
You say I don't need DWP permission to buy another property but if I did could they not turn around after and claim deprivation of capital?

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