Employment and Support Allowance (ESA)
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Inheriting a house

mothmusmothmus Member Posts: 3 Listener
my brother is on income based esa (support group) and lives with my mother who owns the house.
i live alone but also claim income based esa (support group) + housing benefit for council flat.
my mother is leaving me the house but that my brother continues to live in it for the rest of his life.
will i have to give up my flat and move back home?

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Replies

  • woodbinewoodbine Community Co-Production Group Posts: 3,775 Disability Gamechanger
    hi @mothmus and welcome to scope, is there a reason she is not leaving the house to the two of you?
    my advice is given freely and is correct to the best of my knowledge.
  • mothmusmothmus Member Posts: 3 Listener
    edited April 9
    Hi woodbine,

    Unfortunately he ran up debts and received a CCJ. My mother was worried about him losing the house as I understand.




  • calcotticalcotti Member Posts: 1,215 Pioneering
    edited April 10
    Your mother, with the best of intentions, is possibly making life difficult for you. The value of the house is capital which could exclude you from receiving means tested benefits.

    Does her will say that he must be allowed to live in it for the rest of his life? If so you are not in a position to sell the property other than with him as a sitting tenant and arguably it has little value. Unfortunately a DWP Decision maker would have to decide before you know whether or not it would affect your benefits.

    There is also a possible disregard if your brother claims benefits. If he receives ESA or UC and has been found to have Limited Capability for Work then the value of the house can be disregarded. The value can also be disregarded if he is pension age.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mothmusmothmus Member Posts: 3 Listener
    Hi Calcotti, thanks for your reply.

    Yes he has the right to occupancy for life in the will and he has limited capacity for work. He's 37
    and I'm 47.
  • calcotticalcotti Member Posts: 1,215 Pioneering
    mothmus said:
    Hi Calcotti, thanks for your reply.

    Yes he has the right to occupancy for life in the will and he has limited capacity for work. He's 37
    and I'm 47.
    Because he has LCW any value in the property is disregarded (for as long as he continues to have LCW). As per my previous comment any valuation would have to take into account the legal constraints.

    The disregard is referred to here
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/932378/dmgch52.pdf
    Paragraphs 52432 to 52435.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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