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5 years 6 months ago #238598 by simon
inheritance was created by simon
So advice am going to receive about 60 grand, its still in probate l would like to buy a house and stop benefits l get esa support group and pip enhanced. l no pip is not effected. So my question is when the money hits my account and l inform dwp Will l get any extra time to buy a home before benefits and will it be seen as depleting my capital? l have good reason to move l feel Can you help and what will l need to do many thanks

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5 years 6 months ago #238615 by Gordon
Replied by Gordon on topic inheritance
Simon

First, your PIP will not be affected by this inheritance.

if you are only receiving Contribution Based ESA then it also will not be affected.

If you are receiving Income Related ESA in part or in whole then it will stop as soon as you receive the inheritance.

I've looked this up before and I cannot find any disregard for the money in these circumstances while you search for a house.

I had always thought that using the money to buy a house that you would live in would not count as Deprivation of Capital but I have recently found a UTT Decision where it was. I have to stress that your circumstances may not match those of the claimant in the UTT Decision but I can no longer state with certainty that it will not be Deprivation, a factor will be whether the DWP consider that the purchase has been done in order for you to continue to receive benefits.

All I can do is recommend that you get face to face advice from a salaried Welfare advisor, do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 6 months ago #238616 by Corinne
Replied by Corinne on topic inheritance
I was able to have money from the sale of one house temporarily disregarded as capital until I was able to buy another (about an 8 month gap), by contacting DWP and letting them know that I couldn't immediately move from one house to the next because I was waiting for a new build to be completed. Your situation is a little different, but I would think it might be worth trying to argue it - maybe get some advice from CAB benefits advisor?

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5 years 6 months ago #238617 by Gordon
Replied by Gordon on topic inheritance
Corinne / Simon

This is very a different circumstance to Simon where there is a disregard is defined in law.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 6 months ago #238619 by simon
Replied by simon on topic inheritance
l receiving Income Related ESA with support element on it, Am looking to part pay ,part share a home. a new build l hope. l don't understand the disregard? As yet the probate is still on going and have been told there is a back log. l can't stay in the home l have as it was a tragic death. What l would be looking for is a disregard for say a few months l may not need it as l am already starting on the paper work If you do have any thoughts please let me no many thanks ps have spoken to solicitors but l don't understand what they are on about my meds sadly give me brain fog Have asked and waiting on information on disability trusts ?

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5 years 6 months ago #238622 by simon
Replied by simon on topic inheritance
l should add this would enable me to move in with my partner and l would not be claiming anything only pip hope that helps my partner works

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