Benefits and inheritance help needed for step-daughter

Dabble18

Hello everyone. I'm new here and need some urgent advice for my step-daughter.
She has CP, receives DLA and ESA at the top rates. Housing benefit and a care package from the LA for 4 carers a day, although at the moment only has two. She contributes toward her care.
Her grandmother has left her a significant amount of money in her will. The solicitor  has given her two options. To receive the full amount or to reject it and she has to give her decision in four days time. Her grandmother's wish was for her to use the money to improve her living situation (new electrical goods and also to get a ramp repaired and have the garden paved. She has never been able to access the garden.
We are at a loss as to how to advise her and the solicitor has given a lot of conflicting information. CAB said she has to accept the money and lose all her benefits but if she did, the money would not even last 12 months Her care package alone is £1200 per four weeks. Does anyone have any suggestions?

poppy123456

Her DLA isn’t affected because it’s not means tested. If any part of her ESA is contributions based then that isn’t affected (£117.60/week) housing benefit and council tax reduction are means tested so that will be affected if she has savings/capital of more than £16,000.

I agree with citizens Advice here and because the money has been left in a will then I don’t think she can refuse it, if she does then it could be deprivation of capital and she’ll still be classed as having that money. 

She can still buy the things she want to buy with that money. Once her savings then go below £16,000 she can reclaim the means tested benefits but there will be deduction for any savings of more than £6,000. 

Can’t advise about her care package, I’m afraid. 

Alex_Scope

Hello there @Dabble18 and welcome, I can understand why you're feeling concerned, especially when you're getting conflicting information.

To help our members share their thoughts on your question, I've just edited the title of your post and moved it across into out Benefits and Financial Support category. You're not alone in facing this type of situation, so hopefully our members can help as best they can. 

As this isn't my area of expertise, I do know Scope has an information page on benefits and inheritance which I hope is helpful. And you can always reach out to one of our advisers on the Scope Helpline by phone or email. 

Please reach out if you need extra support

calcotti

poppy123456 said:

...housing benefit and council tax reduction are means tested so that will be affected if she has savings/capital of more than £16,000...

For Council tax Reduction the capital limit could be lower because each local authority makes their own rules (I know you know this, poppy).

I agree that if she rejects the legacy and DWP later find out then she could be treated as depriving herself of capital and will be treated as if she received it.

poppy123456

calcotti said:

poppy123456 said:

...housing benefit and council tax reduction are means tested so that will be affected if she has savings/capital of more than £16,000...

For Council tax Reduction the capital limit could be lower because each local authority makes their own rules (I know you know this, poppy).

Thanks calcotti, you are correct of course i know that and i do usually advise that. No idea why i didn't include that information here, apologies.

calcotti

poppy123456 said: Thanks calcotti, you are correct of course i know that and i do usually advise that. No idea why i didn't include that information here, apologies. 

It's very hard to include everything.

Dabble18

Thank you so much for your replies, especially from Poppy123456.
It's so difficult to advise her where her benefits are concerned.