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Owning your home and universal credit

mokki

Hi all

I have rented my mums house for over 13 years, she is elderly and disabled and rents a bungalow for herself

She has left her house to me as I’m disabled and her house has better facilities for my type of disability, it is too large for mum and she couldn’t manage stairs etc

Mum made a will years ago and made me sole beneficiary to her house

However she has told me recently she would like to transfer the deeds to me now as she foresees problems with other siblings (who she has made provisions for in her will)

If she transfers the deeds would this affect my Universal credit claim and PIP although the house is my permanent home

I understand the housing element would be removed

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Comments

Zipz

@mokki If you live in the house you own it is not considered a financial asset for means-tested benefit purposes. PIP would not be affected.

mokki

thank you for responding

I appreciate it

mokki

https://forum.scope.org.uk/discussion/comment/1052240#Comment_1052240

Sorry, trying to get used to how to reply

I’ve posted my reply instead of quoting

Thank you for your quick response

I appreciate it

Zipz

@mokki I ought to have said that your Mum ought seek professional advice before gifting you her house.

You write that she is currently renting a bungalow. I assume she has a pension and a few savings.

If your Mum were to need care at home or in a nursing home, the value of the house would still be regarded as her asset. She is at risk of "deprivation of assets". She ought to see a solicitor and explain the whole family situation.

mokki

https://forum.scope.org.uk/discussion/comment/1052321#Comment_1052321

Yes she has already had professional advice, she would never need a nursing home, the whole family would care for her at home, we all worked in nursing homes during our lifetime, with that said her nursing care needs if any would be with family

Kimi87

Working in a care home is one thing, clocking off leaving work at work then relaxing at home is one thing, living with someone who might need 24 hour supervision, keeping away from appliances, dementia, attacking you as an intruder, not sleeping tendancy to wander etc etc is quite another, you are clearly unwell yourself just like me on PIP/UC, even peripheral caring for unwell non resident parent has broken me physically and mentally more than once.

I've had to permanently increase one treatment and start an additional one.

Last year hospitalised after noravirus, if I hadn't have been so depleted from recent caring it probably wouldn't have hit me so hard and I probably would have coped without a 4 night hospital stay. Took a friend pointing this out afterwards to make me realise.

Far better for your Mum and all the family that she doesn't transfer the house and has an asset to safeguard any future needs.

mokki

https://forum.scope.org.uk/discussion/comment/1052330#Comment_1052330

She will be safeguarded

She has had professionally advice

As I’m disabled and been living in the home for over 13 years the property will not be counted in the means test for care or support needs

It comes under mandatory disregard

mokki

https://forum.scope.org.uk/discussion/comment/1052328#Comment_1052328

So as I have said here earlier

She has had professionally advice

As I’m disabled and been living in the home for over 13 years the property will not be counted in the means test for care or support needs

It comes under mandatory disregard

Zipz

For anybody seeking advice on this sort of issue, either as testator or beneficiary, this site is enormously helpful:

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

Zipz

https://forum.scope.org.uk/discussion/comment/1052337#Comment_1052337

That's great. But…

Your Mum seem concerned about what could be an unequal distribution of her assets following her death.

Assuming she has a will drawn up by a STEP solicitor she doesn't need to gift you the house now unless she is concerned that a sibling might make a claim under Inheritance Act 1975.

Are you the only one of your Mum's children that is disabled and in any way dependent upon her?

mokki

https://forum.scope.org.uk/discussion/comment/1052354#Comment_1052354

Yes she is concerned that my sister may contest despite not bothering with her for years, and yes she has made a will stating this in it, I am the only disabled sibling however my brother has had a tumor recently, but she stated in her will that the others have already been helped in different ways by her

Zipz

https://forum.scope.org.uk/discussion/comment/1052357#Comment_1052357

Your Mum appears to know exactly what she's doing.

EDIT: If your sister has had minimal contact with your Mum for years, is in reasonable health, and is not dependent on your Mum financially she has no grounds on which to make a case under the Inheritance Act 1975. Relax.