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Inheritance, benefits and can I buy property or is it classed as Deprivation of Assets

lola96

Hi I’m looking for some information and in need of help please.
My daughter is disabled and I am her carer. (Mum) she is going to come into an inheritance and is in receipt of Employment Support Allowance IR and PIP. I am aware that she will still continue to get PIP but will lose the ESA. I am unsure of the legislation surrounding Deprivation of assets and what you can and can’t spend.

My daughter as mentioned above has a disability and the house we currently stay in is not entirely suitable for her long term needs. It has stairs, (no bedroom or bathroom downstairs) If I, as her mother were to sell my property and she used her inheritance to top up or put towards a more suitable property, ie a bungalow. Would this be possible in the eyes of DWP or would it be classed as Deprivation of assets? I would appreciate some input please.

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poppy123456

Yes she can do this if the property is also in her name rather than just yours. However, once the money goes into her bank the changes will need to be reported and any IR ESA would end. If any part of her ESA is contributions based this would continue.

Once her savings go below £16,000 she can then claim Universal Credit if all of her ESA stopped completely.

lola96

Thanks Poppy for your reply. Can I let you know that the current house we both stay in is in my name. If we both put a share into buying this new property with both our names on the house .. would DWP be okay with this?

poppy123456

I don't see an issue with that because you're buying a more suitable property for your daughter to live in. Of course I'm not a decision maker and it will be down to them to make the final decision once she reclaims the benefits in the future.

lola96

Thanks again Poppy for your prompt reply and I appreciate your information.

When the inheritance comes through and I notify DWP of the changes, am I best to state clearly there and then to DWP what my daughter intends to do with the money or am I best to just notify of a change of circumstances and then reapply for ESA or UC ( as I’m not sure what they’ll put her onto) at the point when we have to. Also, is it best to keep paying National insurance contributions (if they allow that)

I really have no knowledge of any of this and I would be grateful for some input. Thanks

poppy123456

You're welcome. You do not need to tell them at that point what she's planning on spending the money on.

If all of her ESA is Income Related then it will stop completely. When she comes to reclaim in the future it would be UC she needs to claim because Income Related ESA has ended now for new claims.

Yes, she should make sure her NI credits continue because that will be useful when she comes to claim UC in the future. If she's in the Support Group for ESA then she'll be entitled to the LCWRA element of UC from the start of her claim and she will not need to go through another work capability assessment.

lola96

Again, many thanks Poppy for your information and I really appreciate it. It’s great to know there such a platform as I’ve been shuffling about in the dark with no direction in sight. God willing it’ll all work out.
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