Inheritance and new ESA claim

ali5

Hi my partner has moved in with me we had to then make a new ESA claim with a universal credit claim running alongside as I have a child and was also previously on ESA and getting housing benefit now the problem we have is the previous property he was living in was in trust to be sold and divided between four siblings ,we have just found out the money will be paid to himself and sister as they were trustees then given to other siblings obviously it's not my money but claim is in my name and will make it look like we are way over threshold to get any benefits I am panicking now

wilko

As a trustees I would inform DWP for advice or seek advice from CAB. As a trustee the money is not his to spend, but if he is or becomes a beneficiary of the funds then this will most likely take him over the amount to receive any benefits, so seek some advice and keep us posted.

poppy123456

Also if his share on the money takes you over the amount allowed on means tested benefits like Universal credit then you'll need to report the changes. As he's your partner, it makes no difference whether it's your claim or not because you claim as a couple. £6,000 affects your benefits £1 for every £250 over and £16,000 savings/capital will end your entitlement to all means tested benefits. You need to report the changes as soon as the money goes into your bank account. 

ali5

Yeh I've checked out the amount we are allowed it's just proving the original amount is not his as we assumed they would all get a cheque each his final share will be lower as he lived there for four years and agreed he would pay equivalent of those years of rent when house was sold

poppy123456

Repaying money owed in this way if it reduces your savings below the maximum amount it could be classed as deprivation of capital and would be up to a decision maker to decide. When the money goes into your bank you need to report it and they will most likely decide from there. If deprivation of capital is decided then you'll be classed as still having the money and means tested benefits will still end, if it takes you over the maximum amount allowed. 

ali5

Yeh I this is the problem we have as amount going in to his and his sister's bank has to be shared four ways minus his rent so final amount is minus the rent owed it's the deprivation of capital bit I am worried about as I looks like he's trying to get rid of it when it's not his money

susan48

Could the solicitor dealing which this not write cheques to the separate people and deduct the rent etc before you receive and money, then you’d know exactly how much you have.

poppy123456

Paying money owed from debt will almost certainly be deprivation of capital. As for distributing the money then as wilko has advised you need further advice from your local CAB for this because it's a complicated issue.