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inheritence monies and ESA

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12 years 2 weeks ago #83075 by debsy
Replied by debsy on topic Re:inheritence monies and ESA
thank you, who could give me this advice? Is the solicitor who holds my dads will obliged to inform anyone of any inheritence i might get, sounds promising though, feel a bit more re assured. This can only benifit the DWP also as they would have to pay the interest if it goes above a certain levl so one would think they would be pleased. Dad also wanted some of it to go towards her university and as my daughter has dyslexia and im a lone parent she needs all the help she can get financially. does time limited mean they will stop contributing financially at some point?

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12 years 2 weeks ago #83076 by debsy
Replied by debsy on topic Re:inheritence monies and ESA
thought your info was clear and sound mrs hurtyback

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12 years 2 weeks ago #83078 by slugsta
Replied by slugsta on topic Re:inheritence monies and ESA
Debsy, the Welfare Reform Bill that was enacted recently limits contributary ESA to 1 year for people in the WRAG. After that time the benefit becomes income based and depends upon household (claimant + partner) income and savings.

12 Month Limit for contributary ESA

I think you really need to talk to an expert in these matters (possibly CAB would be a good place to start) as DWP have fairly strict criteria regarding what your money can be used for. If they believe that someone has spent their money soley in order to gain benefits (deprivation of capital)they can treat that person as if they still have the money. This is quite a complicated area, which is why you need expert help.

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

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12 years 1 week ago #83209 by carruthers
Replied by carruthers on topic Re:inheritence monies and ESA
debsy wrote:

Dad also wanted some of it to go towards her university and as my daughter has dyslexia and im a lone parent she needs all the help she can get financially?

This may sound a little heartless, but if your father is still able to change his will, then there is another solution to part of your worries.

Of course your father would need to be well enough in mind and body to handle this transaction. Some people are able to do then when they are dying and others are not.

The money intended for your daughter's university education could be left to her directly, and that way it would have no impact on your benefit.

If you fear that she will not be sensible about the money (and not all 18 year olds are sensible!) or if she is still too young, then the money could be left in trust for her. This would mean that you could spend it for her benefit, but it would not be counted as part of your assets.

This would need a solicitor to set it up, but it would not be complicated.

It would not, I think, count as "deprivation of assets" since it would be your father's money - and then your daughter's - not yours which would be under consideration.

If you think that your father is able to deal with this, then you need to talk to him, and to your solicitor as soon as possible.

Please note: I am not a lawyer, and this isn't formal legal advice - just a friendly note to say that you might explore a legal possibility.

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12 years 1 week ago #83214 by slugsta
Replied by slugsta on topic Re:inheritence monies and ESA
Sounds like good advice to me - a bit of lateral thinking that I had overlooked :)

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

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12 years 1 week ago - 12 years 1 week ago #83216 by sally-jane
Replied by sally-jane on topic Re:inheritence monies and ESA
Please do get some free legal advice on this matter. CAB can help you obtain a list of lawyers in your area that provide free legal help, normally 30 mins worth.
You could always do a 30 min with one, see how far you get and then go on to the next lawyer on the list and follow on with what info you have been armed with, and so on. This keeps it free and legal.
Please do so, I do know someone with a trust not for her but for a member of the family and as she has had no legal advice, her is taking it on board and are penalising her for the trust fund
Last edit: 12 years 1 week ago by slugsta.

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