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gift of half share of spanish property
- lee-d
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4 years 10 months ago #249170 by lee-d
gift of half share of spanish property was created by lee-d
hi, my mum lives in spain, she owns half a small flat there ,her share worth about 30,000 euros maybe less in coronavirus times,
she wants to live in england again,to be near grandchildren and help me,but her boyfriend is staying there,and being hard work(they fell out), so she stuck with spain, and cant do much,
her share would normaly have passed on to me when she dies, shes now considering giving it me now,as a gift , however, im on esa and pip, and im guessing that would mess everything up, so im happy to wait till it would have been done by her passing away, ive no use for it, however, part of me thinks, while she is considering this, i should at least consider the implications, like if it ill effect my esa HB etc, can somebody tell me what they would think would happen, if she gave it me, thanks
she wants to live in england again,to be near grandchildren and help me,but her boyfriend is staying there,and being hard work(they fell out), so she stuck with spain, and cant do much,
her share would normaly have passed on to me when she dies, shes now considering giving it me now,as a gift , however, im on esa and pip, and im guessing that would mess everything up, so im happy to wait till it would have been done by her passing away, ive no use for it, however, part of me thinks, while she is considering this, i should at least consider the implications, like if it ill effect my esa HB etc, can somebody tell me what they would think would happen, if she gave it me, thanks
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- Gordon
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4 years 10 months ago #249181 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic gift of half share of spanish property
Lee
You say that you are receiving ESA, if this is only Contribution Based ESA or New Style ESA then your savings and assets will not affect your ESA.
If you are receiving any Income Related ESA then any property that you own or have a share in that you are not living in will be treated as an asset and can affect your ESA(IR). See
Asset and savings rule for ESA(IR)
However, you must also have the ability to realise (sell) the asset so it is possible as this is just a half share and I assume the ex-boyfriend is unwilling to sell that it will not count against you, your difficulty is that only a Decision Maker can decide this and they do not do "what ifs". A salaried Welfare Rights Worker, as opposed to the volunteers who make up the majority of staff at places like the CAB, may be willing to make a stronger statement on your situation but they are all working from home at the moment, so you may struggle to contact one.
Gordon
You say that you are receiving ESA, if this is only Contribution Based ESA or New Style ESA then your savings and assets will not affect your ESA.
If you are receiving any Income Related ESA then any property that you own or have a share in that you are not living in will be treated as an asset and can affect your ESA(IR). See
Asset and savings rule for ESA(IR)
However, you must also have the ability to realise (sell) the asset so it is possible as this is just a half share and I assume the ex-boyfriend is unwilling to sell that it will not count against you, your difficulty is that only a Decision Maker can decide this and they do not do "what ifs". A salaried Welfare Rights Worker, as opposed to the volunteers who make up the majority of staff at places like the CAB, may be willing to make a stronger statement on your situation but they are all working from home at the moment, so you may struggle to contact one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
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- lee-d
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4 years 10 months ago #249219 by lee-d
Replied by lee-d on topic gift of half share of spanish property
hi gordon, firstly thank you for your help, and the other times you have helped over the years, sometimes we are in a bad situation on the other side of this forum, and for you to try to help everyone ,when we need it is great so thank you,
now back to my question im on basic income related esa,support with no savings, so would i have any benafit in trying for the new style esa, does it have higher levels of pay like support group, for people who are very poorly?, as i then might be able to be given the property, thanks
now back to my question im on basic income related esa,support with no savings, so would i have any benafit in trying for the new style esa, does it have higher levels of pay like support group, for people who are very poorly?, as i then might be able to be given the property, thanks
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- Gordon
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4 years 10 months ago #249223 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic gift of half share of spanish property
Lee
So the first thing to check is whether your existing ESA claim entitles you to Contribution Based ESA, if it does then even if you lose eligibility for your ESA(IR) then the ESA(CB) will still be paid.
You can only make a claim for NS ESA by first closing your existing ESA claim and you will need to have a minimum of 26 weeks of NI Contributions in one of the Tax Years 2017-18 and 2018-19 AND a minimum of 50 weeks of NI Contributions or Credits in both of the Tax Years.
To simplify that, you will need to have worked or been self-employed and earned NI Contributions (not Credits) for at least 26 weeks in one of the Tax Years above.
The rates for NS ESA are the same as legacy ESA.
Gordon
So the first thing to check is whether your existing ESA claim entitles you to Contribution Based ESA, if it does then even if you lose eligibility for your ESA(IR) then the ESA(CB) will still be paid.
You can only make a claim for NS ESA by first closing your existing ESA claim and you will need to have a minimum of 26 weeks of NI Contributions in one of the Tax Years 2017-18 and 2018-19 AND a minimum of 50 weeks of NI Contributions or Credits in both of the Tax Years.
To simplify that, you will need to have worked or been self-employed and earned NI Contributions (not Credits) for at least 26 weeks in one of the Tax Years above.
The rates for NS ESA are the same as legacy ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lee-d
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4 years 10 months ago #249238 by lee-d
Replied by lee-d on topic gift of half share of spanish property
ok thanks
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