DVLA, income support and inheritance

welshmoneylover

aeronaparry wrote: »

Thank you all so much for the replies.

I've been on dvla since.

Love and respect, Aerona x

No you haven't, DVLA = driving vehicle licensing agency in Swansea.

DLA = disability living allowance.

Sounds as if you're right in the mire. You cannot claim HB or CTB while having an interest in another property. :eek:

real1314

welshmoneylover wrote: »

Sounds as if you're right in the mire. You cannot claim HB or CTB while having an interest in another property. :eek:

Not strictly true. There are a number of reasons why a 2nd property might be disregarded. Whether any might appy in this case is beyond my knowledge / time to check, but some can be.

ConfusedDep

Not sure of the rules but if it was your mothers intention that your inheritance was to provide for the education costs for your children and all of the executors agreed perhaps you could do a deed of variation.

GlasweJen

A deed of variation can also be seen as deprivation of capital.

silvercar

More info on deeds of variation and deprivation of capital here:

http://www.equitycare.co.uk/legal-services/after-death-planning/deeds-of-variation.php

aeronaparry

Mrsmanda,
I foolishly put my name foreward, together with my parents names
onto the morgage for my parents home, I continued to live there
for a number of years, paying into the morgage and then I met
my Husband. We moved into rented accomodation, on the flat as I
have problems with my back and cannot get my chair up and down
the numerous steps outside my parents home. My husbands money took care of the rent, together with most of the utility bills, my
money was used to live off and I also helped out with the morgage.

tomitma,
I've only recently started claiming housing benefit, we havn't
sorted out the will properly yet but both my brothers are determined
to sell, I was simply asking advice on something before it happens,
My apologies as I am a little confused with the name of benefits
as I've not claimed them before, just got on with it. I am aware
that I'll not receive housing benefit because I am going to be part
owner of the property but I was worried about the dla (sorry, I put
dvla in a previous post) and the income support which both my husband, our children and I so greatly rely on at present.

seven-day-weekend,
Thankyou for your kind comment , although I do have to clarify that I have not been claiming housing benefit while being a houseowner, the estate has been frozen, pending the will reading and selling of the property. I had the appointment with the bank today at 3:00pm so probably won't be one of the official owners until it's gone through something called probate. When I have more facts to give to dwp, I will. I've had numerous dealings with them this week and I must say they've been very helpful. I can see why you thought I was claiming whilst owning a home, my apologies for my haphazard order of my post, my head is spinning and I've not had much sleep.

oldernotwiser,
Your absolutley right, it is a financial mess but I'm hoping to minimise
the repercussions legally, hence my post. Originally there were three
names on the morgage, my Father died and left his third to my mother. When she passed away her wish was to leave her two thirds to the three of us, giving me the option to buy them out and live there. I now believe the two thirds will be split equally between my Brothers so we all have an equal amount. I explained to the dwp when I made my claim last summer that my name was on the deeds to the family home but as my Mother was alive and well and still living in the property, it was not pertinant to my claim. As my circumstances have changed, I was aware of there being
implications but just wanted clarification on income support and dla
changes, sorry that I stated previously dvla and housing benefit.

welshmoneylover,
I know, my apologies, dvla tch.

real1314,
Thankyou.

confuseddep,
Thankyou, you've given me something to query

glaswejen,
Thankyou, I'll query it twice

woodbine,
what an absurd comment . I'll probably be claiming dla and income support for approx 24 months of my whole life sofar, I intend to get back to work as soon as the doctor gives me the go ahead, I've been in a wheelchair for 6 years with severe lower back problems, I continued to work without claiming and only recently had to stop work because the new scan technology has pinpointed the problem so I can have it rectified with surgery.
I posted a comment in this forum as the great majority of people on here are here to help, not pass judgement. I just think it's ironic that the only time in my life that I am heavily reliant on benefits is the very time that my finances are turned inside out. I'm hoping that this time next year I'll be working again. I'm hoping by next year someone manages to make you smile and maybe you'll think before being judgemental and condeming.

silvercar,
Thankyou very much for the link
you certainly are a
Deliciously
Dedicated
Doubly
Diehard
MoneySaving
Devotee


Thankyou all again for your time in replying to my comments, I'm sure had I worded the question correctly it would've taken up less of your precious time,
for your patience, and advice, I remain thankful to you all

Love and respect,
Aerona x

System

As you are on the mortgage then you will also probably be on the deeds.

Were you and your parents tenants in common or joint tenants? If it was joint tenants then congratulations, you now own the whole house regardless of what the will says.

silvercar

Originally there were three names on the morgage, my Father died and left his third to my mother. When she passed away her wish was to leave her two thirds to the three of us, giving me the option to buy them out and live there. I now believe the two thirds will be split equally between my Brothers so we all have an equal amount.

Must have been tenants in common or your fathers share would have been split equally between you.

You need to read the will carefully; if you and your brothers inherit equally then you keep your third and add to it one third of the mother's two thirds. That gives you five ninths and your brothers two ninths each.

I explained to the dwp when I made my claim last summer that my name was on the deeds to the family home but as my Mother was alive and well and still living in the property, it was not pertinant to my claim.

This is good, so there won't be a problem by the DWP not taken into account in your previous benefits.

Oldernotwiser

aeronaparry wrote: »

tomitma,
I've only recently started claiming housing benefit, we havn't
sorted out the will properly yet but both my brothers are determined
to sell, I was simply asking advice on something before it happens,
My apologies as I am a little confused with the name of benefits
as I've not claimed them before, just got on with it. I am aware
that I'll not receive housing benefit because I am going to be part
owner of the property but I was worried about the dla (sorry, I put
dvla in a previous post) and the income support which both my husband, our children and I so greatly rely on at present.

Your absolutley right, it is a financial mess but I'm hoping to minimise
the repercussions legally, hence my post. Originally there were three
names on the morgage, my Father died and left his third to my mother. When she passed away her wish was to leave her two thirds to the three of us, giving me the option to buy them out and live there. I now believe the two thirds will be split equally between my Brothers so we all have an equal amount. I explained to the dwp when I made my claim last summer that my name was on the deeds to the family home but as my Mother was alive and well and still living in the property, it was not pertinant to my claim. As my circumstances have changed, I was aware of there being

I'm sorry but you're missing the point in a couple of instances.

It isn't only since your mother died that you've had too much capital to claim means tested benefits like HB and IS; you've had this capital ever since your name was added to the mortgage. I'm not sure that the DWP have understood your situation correctly.

In addition, as Silvercar says, the house won't be inherited equally between yourself and your brothers as you already own a third of it.

GlasweJen

I'm afraid ONW is right, if you had a stake in a property you should not be eligable for housing benefit. Did you declare the interest in this property when you initially applied for the housing benefit?