Inheritance and esa

Ella_bella

Hi all and thank you in advance for any help you can give, im going out of my mind with this x
My mom passed away in December and in her will iam the executor and beneficiary. There is no cash to inherited but i have been left her house. At the moment it is in probate. Iam single and live alone.
I am receiving income related esa(old style) support group and pip. Im currently living in a ground floor council property ( ground floor due to health problems). My mothers home is 3 bedroom with large gardens and stairs. I receive housing benefit and council tax benefit. I know i cant do a deed of variation( my adult sons would have been left the house if i wasnt here). My parents would be mortified if i had to sell their home to live off the proceeds.my questions are
● am i allowed to give up my flat and move into the inherited house 
●would this cause me to be moved to universal credit( the house is in the same Borough)
● as the house is not suitable for health reasons could i sell it and buy another property for the same value 
●would i lose all benefit entitlement 
Thank you all x

poppy123456

Hi,

Yes, you can move into the house and give up your flat. No, you won't be moved onto UC because you won't need to claim for any help with the rent if you move.

Yes, you can put the house up for sale and it can be disregarded for 6 months (longer is some cases) while it's being sold. You can then use that money to buy another property. Your existing benefits will continue during this time but you'll need to tell DWP and your local Authority about the house and that it's up for sale. You maybe asked to prove the house is up for sale.

No, you won't lose your ESA. You will only lose the housing benefit (if you move into the house)

Ella_bella

Poppy thank you so much x ive called CAB Money helper ect ect and had no help. I might actually get some sleep tonight x

poppy123456

No worries. If moving into her house is an option you can get a needs assessment from your local Authority by referring yourself. See link https://www.nhs.uk/conditions/social-care-and-support-guide/help-from-social-services-and-charities/getting-a-needs-assessment/
Also, sorry for your loss! 

Ella_bella

Thank you so much x

calcotti

For the avoidance of doubt, your PIP is not affected by any of this either. 

What you do need to do is be clear what you you want to do so that you are ready to either move or to put the house on the market as soon as probate is done.

Ella_bella

Thank you x so im thinking that my best option would be to sell and get another suitable property for the same value. Other organisations have said that im already in a council property atm then my moms would be regarded as capital so benefits would stop straight away. 

poppy123456

Ella_bella said:

 Other organisations have said that im already in a council property atm then my moms would be regarded as capital so benefits would stop straight away. 

That's not correct, if you put the house up for sale.

Ella_bella

Thank you again. Would i be best to notify the dwp at this point or wait till i hear any news about probate? 

Alex_Alumni

Hello @Ella_bella I'd also like to share my condolences for your loss. I think it's best to wait until you hear about probate first. How are things going?