- Posts: 6
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- my UC/esa will be cancelled if i accept money from an inheritance
× Members
my UC/esa will be cancelled if i accept money from an inheritance
- Owen
- Topic Author
- Offline
Less More
9 hours 31 minutes ago #315304 by Owen
my UC/esa will be cancelled if i accept money from an inheritance was created by Owen
Any body have any advice, here's what it is.
My uncle died and haS left me over £25,000 so my UC/ESA (and councill tax support), will be stopped altogether.
When i have lived off the inheritance and i am below £16,000 will they reinstate my UC/ESA or will it be classed as a new claim ?
thanjks.
My uncle died and haS left me over £25,000 so my UC/ESA (and councill tax support), will be stopped altogether.
When i have lived off the inheritance and i am below £16,000 will they reinstate my UC/ESA or will it be classed as a new claim ?
thanjks.
Please Log in or Create an account to join the conversation.
- David
- Away
Less More
- Posts: 4042
8 hours 4 minutes ago #315306 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic my UC/esa will be cancelled if i accept money from an inheritance
Hi Owen
When the executor of the will has credited your bank account with the capital and your total savings have gone over £16,000 then your UC claim will end. You can make a new claim when your total savings are less than £16k but you will have lost the UC LCW or UC LCWRA status and you will need to complete what the DWP call the Health Journey.
David
When the executor of the will has credited your bank account with the capital and your total savings have gone over £16,000 then your UC claim will end. You can make a new claim when your total savings are less than £16k but you will have lost the UC LCW or UC LCWRA status and you will need to complete what the DWP call the Health Journey.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- denby
- Away
Less More
- Posts: 1371
4 hours 58 minutes ago #315309 by denby
Replied by denby on topic my UC/esa will be cancelled if i accept money from an inheritance
Dear Owen, sorry you are in this frustrating situation.
For any other readers with relatives still alive intending to leave you sums like this, please see if a solicitor can help them create a Vulnerable Peron's Trust in your favour. The trust can buy stuff for you and pay bills for you, but as you do NOT have control over or access to, the money, it is exempt from cancelling your benefit. It can't be done once the donor has died.
For Owen, please be very sure to keep as many receipts as you can for all your spending between your claim stopping and re-claiming. Also some evidence of what you "normally" spend on. You need these proofs, it is essential to defend yourself against a DWP accusation of 'intentional deprivation of capital.' I can tell you from bitter experience long ago that is to be avoided.
Best wishes in getting through this. And sorry for the loss of your uncle.
Denby
For any other readers with relatives still alive intending to leave you sums like this, please see if a solicitor can help them create a Vulnerable Peron's Trust in your favour. The trust can buy stuff for you and pay bills for you, but as you do NOT have control over or access to, the money, it is exempt from cancelling your benefit. It can't be done once the donor has died.
For Owen, please be very sure to keep as many receipts as you can for all your spending between your claim stopping and re-claiming. Also some evidence of what you "normally" spend on. You need these proofs, it is essential to defend yourself against a DWP accusation of 'intentional deprivation of capital.' I can tell you from bitter experience long ago that is to be avoided.
Best wishes in getting through this. And sorry for the loss of your uncle.
Denby
The following user(s) said Thank You: Meconopsis
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator