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TOPIC: Inheritance and ESA and Housing Benefit

Inheritance and ESA and Housing Benefit 6 days 9 hours ago #240035

If someone is gifted a sum of money from a Will, which takes the recipient of ESA and Housing Benefit way over the threshold of savings, when do you have to report this to DWP? Is it when the beneficiary gets the money, or when the beneficiary knows that the money has been gifted? This is in respect of a direct gift of money and not gifted to a discretionary trust. Thank you.

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Inheritance and ESA and Housing Benefit 6 days 6 hours ago #240045

Susan

It is from the date that you gain control of the money, this may be the day that you receive the money but it could also be before that.

Gordon

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

Inheritance and ESA and Housing Benefit 5 days 10 hours ago #240082

Thanks Gordon for this clarification. It is useful to know this. Can you clarify what the situation would be if the Executor of the Estate bought a property for the person with to live in with their agreement thus bringing down the money actually received below the threshold. Obviously they would loose HB but would other benefits be affected. Or in fact if the person bought a property themselves.

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Inheritance and ESA and Housing Benefit 5 days 10 hours ago #240086

M

It depends on what benefits are being received and what the intent of the purchase was.

There is Case Law where it was viewed that the house purchase was done with the intention of continuing to receive Income Related benefits and the claimant was therefore considered to still be in possession of the money and the IR benefits stopped.

So there is no clear cut answer and it will depend on what a Decision Maker view of the purchase is.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
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