Disability benefits and inheritance.

Cc90

Hello everybody, I hope somebody is able to help me with a query I have, thanks in advance!

My older brother is autistic and receives full support for his condition. He has his own flat via a housing association and receives ESA payments in order to live day to day. My aging mother is a little concerned and confused as to what happens to her money that she is leaving to my brother through inheritance. So my question is, if he receives ~50 thousand will he have to give that straight to the state before eventually receiving support again when the money is all used up or is he allowed to hold these savings gifted to him? Is there a trust that can be set up to allow him to have this money in his name?

chiarieds

Hi @Cc90 - & welcome to the community. Scope has some info which may be helpful. Please see: https://www.scope.org.uk/advice-and-support/leaving-money-to-disabled-person-in-will-trust/

There is also some info in the following link if you read from 52180 ('Interest in a trust' section) & from 52236 ('Discretionary Trusts' section) which would be relevant if any part of your brother's ESA is income related. If any part of his ESA is contribution based, that wouldn't be affected.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/932378/dmgch52.pdf

As you can see you will need to find a solicitor who also understands the law as regards benefits, but I hope some of the above is helpful.

janer1967

Hi and welcome 

I hope you find the info supplied useful and it answers your query . If not and you have further questions just come back to us