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Inheritance

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4 years 1 month ago #243793 by Elizabeth
Inheritance was created by Elizabeth
Hi there, could anyone help me at all. My mum passed away very suddenly in March last year, and died intestate. I have had to go through probate and sort out all her finances and house. I have a younger brother and sister. The estate has been finalised and im going to be receiving an inheritance from mum. Im on contributory ESA, housing benefit and PIP. Does anyone know how this will be effected. I appreciate any help.

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4 years 1 month ago #243798 by Gordon
Replied by Gordon on topic Inheritance
Elizabeth

PIP is not affected by your income and savings.

If you are only receiving Contribution Based ESA then it is not affected by your savings and income with the exception of any pension that you receive.

If you are receiving any Income Related ESA then it will be reduced if your total assets and savings exceed £6000, If you are not receiving any ESA(IR) then your Housing Benefit will be reduced if you exceed £6000 and you will lose entitlement to both your ESA(IR) and HB if they exceed £16,000.

Gordon

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4 years 1 month ago #244211 by Misscee
Replied by Misscee on topic Inheritance
I find myself in a similar situation as Elizabeth, and where I’m sure I’m on IR ESA ... not sure how you qualify for contribution based ESA ?
What happens as you end up spending one’s inheritance to live and pay rent etc and you come to the 16k threshold?
Is it easy enough to get back to claiming? Are there any guidelines if they have any expectations of what they consider ‘reasonable’ spending habits?

Thanks

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4 years 1 month ago #244248 by Gordon
Replied by Gordon on topic Inheritance
Misscee

Contribution Based ESA is based on the claimants previous NI Contribution history, if you met the criteria for ESA(CB) then it is automatically paid.

Income Related ESA is ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

If you lose entitlement to your ESA because of your savings then you would have to claim Universal Credit when they drop below the upper limit.

Reasonable expenditure should be OK, replacing old or broken, make sure you keep any receipts, a luxury holiday is unlikely to be. Ultimately it is down to a DM to decide if the spending is reasonable or not.

Gordon

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3 years 1 month ago #255465 by Alan
Replied by Alan on topic Inheritance
I have received adult work benefits since January 1994. Originally Invalidity benefit now contributory ESA. I have received inheritance from my parents and now receive £5k per annum from my brother who has mental health issues because he can't sell the property even though he has promised many times that he would sell. The local DWP office and help line in 2016, told me to stop worrying and enjoy whilst I still can, I hope they are right?

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3 years 1 month ago #255475 by Catherine
Replied by Catherine on topic Inheritance
Hi Alan,

I believe your DWP office are right, on the basis that your ESA is based on your contributions, not your income. If it was the other way round it would be a very different answer.

Catherine

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