Hi, my name is bexster! My wife may be getting some inheritance. Will I lose all my benefits. — Scope | Disability forum
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Hi, my name is bexster! My wife may be getting some inheritance. Will I lose all my benefits.

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bexster
bexster Community member Posts: 11 Listener
edited September 2022 in Employment and Support Allowance (ESA)
Hi guys . Thankyou for excepting me . Question , myself and my wife claim joint esa , housing , council tax and so on , I'm registered disabled also and I claim dla full on both . My ife may be getting some inheritance . I've been told I will lose all my benefits.  Please can you help . Thankyou x
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  • poppy123456
    poppy123456 Community member Posts: 54,599 Disability Gamechanger
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    If the inheritance is more than £16,000 then your housing benefit will end. Income Related ESA will also end. If any part of your ESA is contributions based then this will continue.
    If it's £6,000 and over then for every £250 or part there of there's a deduction of £1/week.
    Council tax reduction savings limit will depend on your local Authority but some have a maximum limit of £6,000. Once the money goes into your bank you will need to contact ESA and your local Authority for housing benefit and Council tax reduction.
    Your DLA will not be affected.
    Once your savings go below £16,000 if you need to claim for help with any rent then you will need to claim Universal Credit.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • bexster
    bexster Community member Posts: 11 Listener
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    Hi , thankyou for your response.  I don't understand hy I would lose benefits when I'm not named on the inheritance and won't have access to it . Doesn't sound fair to me if I'm honest x
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  • SueHeath
    SueHeath Community member Posts: 12,420 Disability Gamechanger
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    Morning @bexster hope you well this morning.
    I know nothing about the benifits system, any thing i need to know i would always ask Poppy or one of our other experts, they are all brill.
    What has come to my old brain is the saying - whats yours is mine and whats mine is ours, so it might be because you are married and living together that things will be shared.
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  • Sue_Alumni
    Sue_Alumni Scope alumni Posts: 486 Pioneering
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    Good morning @bexster and welcome to the online community.  It's good to have you on board.

    Poppy is completely right and if you are claiming income related ESA that will be a joint claim with your wife then all of your income and capital and that of your wife will be taken into account. There are some circumstances when capital is disregarded and you would need to give more details of the nature of the inheritance so we could advise of the implications of this on your benefits. If you are talking about a cash inheritance then this money will be taken into account.

     
    Online Community Adviser

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  • poppy123456
    poppy123456 Community member Posts: 54,599 Disability Gamechanger
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    You live with your wife so entitlement to means tested benefits are based on Joint circumstances. When living as a couple you support each other, so you will have access to it. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited September 2022
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    Sue_Scope said:
    .. if you are claiming income related ESA that will be a joint claim with your wife then all of your income and capital and that of your wife will be taken into account.
    Technically not completely accurate. It is not a joint claim. However the amount payable is nonetheless calculated based on the joint circumstances.

    The significance of it not being a joint claim is that the wife does not get any NI credits because she is not a claimant. 

    This is something UC has changed. For UC both parts of a couple are claimants and both get NI credits.
    bexster said:
     I don't understand hy I would lose benefits when I'm not named on the inheritance and won't have access to it . Doesn't sound fair to me if I'm honest x
    It is assumed that couples support each other.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • bexster
    bexster Community member Posts: 11 Listener
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    I get all that but I've found if on new esa then benefits aren't taken away . What the dif is between the esa we are in and the new one baffles me . It prob won't even come to it about inheritance but I just wanted to get some info around the su ject just incase so thankyou x
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  • bexster
    bexster Community member Posts: 11 Listener
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    Is there a length of time that you can claim esa again after inheritance . I know it changes below 16 grand but is there a length of time b4 you can reclaim x
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited October 2022
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    bexster said:
    Is there a length of time that you can claim esa again after inheritance . I know it changes below 16 grand but is there a length of time b4 you can reclaim x
    There is no fixed length of time for reclaiming a means tested benefit. You may however be asked to explain what the capital has been used for. You would not be able to claim income based ESA again, you would have to claim Universal Credit instead.
    bexster said:
    I get all that but I've found if on new esa then benefits aren't taken away . What the dif is between the esa we are in and the new one baffles me . It prob won't even come to it about inheritance but I just wanted to get some info around the su ject just incase so thankyou x
    New style ESA is contribution based (it depends on NI contributions/credits) in the two previous tax years prior to the calendar year in which you claim. It is not means tested (except pension income) so your capital makes no difference, therefore an inheritance would not matter.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • bexster
    bexster Community member Posts: 11 Listener
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    Thankyou  . I was told right at the beggining of claiming esa that I was on both types which I don't understand but I was . Strange . Will just have to see what happens .
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited October 2022
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    bexster said:
    Thankyou.  I was told right at the beggining of claiming esa that I was on both types which I don't understand but I was. Strange. Will just have to see what happens.
    It’s not strange. A claim for the old type of ESA was always for both types. If you met the NI conditions you would get the contribution based part and you would then get topped up with income based unless not entitled due to other income,
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • bexster
    bexster Community member Posts: 11 Listener
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    Oh right  . Would I still be on both now . I've been on esa for about 10 years now due to my disability x
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  • poppy123456
    poppy123456 Community member Posts: 54,599 Disability Gamechanger
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    bexster said:
    Oh right  . Would I still be on both now . I've been on esa for about 10 years now due to my disability x

    You will need to ring ESA and ask them and they will tell you if part of your claim is Contributions based.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    bexster said:
    Oh right  . Would I still be on both now . I've been on esa for about 10 years now due to my disability x
    If you have been in the Support Group then you can remain entitled to contribution based indefinitely.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • bexster
    bexster Community member Posts: 11 Listener
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    Yeah I am in the support group . So what do I do x
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  • poppy123456
    poppy123456 Community member Posts: 54,599 Disability Gamechanger
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    bexster said:
    Yeah I am in the support group . So what do I do x
    although that doesn’t mean part of your ESA is contributions based. 
    As advised here 
    poppy123456 said:
    bexster said:
    Oh right  . Would I still be on both now . I've been on esa for about 10 years now due to my disability x

    You will need to ring ESA and ask them and they will tell you if part of your claim is Contributions based.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • bexster
    bexster Community member Posts: 11 Listener
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    OK thamkyou . I do know for defo it used to be but not sure now . Thankyou for your advice . Much appreciated x
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  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,978 Disability Gamechanger
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    You are welcome @bexster. It is the very least you deserve.

    Please don't hesitate to let us know if we can do anything else to support you. We are all here for you  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
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  • bexster
    bexster Community member Posts: 11 Listener
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    Thanks darl . Never had to deal with anything g like this b4 x
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  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
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    It can be hard when it's all new can't it @bexster? I hope the community has helped to reassure you for now :) 

    Let us know if there's anything that still doesn't quite make sense, and we'll see if we can help.

    Alex
    Online Community Coordinator
    Scope

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