On benefits and big inheritance - advice agencies?

Ames

Aaargh.

I've worked out a plan B. I'd like to spend some of the money on improvements to my council flat - putting in heating and double glazing. I'm also applying to go to uni part time. So I've just phoned up the jobcentre to find out if that would be allowed or count as deprivation of capital (I have a suspicion they'll say that there's no need for me to pay for the improvements as it's the council's responsibility).

He said that the JC don't know the rules and to call the BEL.

Problem being that it was the BEL who told me I could buy a house, and the JC that said I couldn't.

I'm really sick of hearing something different from everyone I speak to!

But it does give me more hope that I'll be able to get a house.

recoverydust

my sympathies are with you trying to deal with all this on top of mental health issues
several of my friends with MH issues have bought shared ownership properties out of the proceeds of inheritances
It may be worth enquiring about
http://www.advancehousing.org.uk/index.asp?c=1179&m=12&s=54&ss=211&t=What+is+shared+ownership%3F
this housing association is the one they used
kind regards

Ames

If I can't buy a house outright then I can't buy into shared ownership, it's still deprivation of capital.

recoverydust

the people i know are/were all on benefit and this HA may have the advice/expertise you need
Its worth a shot if you could get what you need for your future AND some proper support /advice from experts
You can email them- whats to lose?

Ames

I'm waiting to hear back from DIAL, the welfare rights people, they're going to look into it all for me. I don't really want to have loads of different orgs involved as I'm getting different info from everyone I contact, and it's getting confusing. I just want someone I trust to work on my behalf for a definitive answer from the jobcentre. thanks for the suggestion though.

sleepless_saver

I haven't read all this thread, but enough to know that this must be a very difficult time for you.

Not much to offer but sympathy but I didn't notice the following suggestion (apologies if it's already been considered and dismissed):

Once probate is complete, perhaps the other beneficiaries could get a trust set up for your benefit. This would hold your share whether that is money or the existing property. Either of these can then be converted into purchasing a suitable home for you without risk of affecting your benefits.

Ames

Thanks, that was what mum was going to specify in her will but didn't get round to making one. My dad and sister are talking about doing that, but I assumed that would also count as deprivation of capital? That the jobcentre would expect the money to come to me and act as though it had? If not then that's brilliant.

sleepless_saver

I think you need legal advice whatever you do...

but what I was thinking of for starters was the kind of deed of variation which you can have even without a will :

"Rearranging the way the estate is shared out
It is possible to rearrange the way property is shared out when someone dies without leaving a will, provided this is done within two years of the death. This is called making a deed of family arrangement or variation. All the people who would inherit under the rules of intestacy must agree.
If they agree, the property can be shared out in a different way so that people who do not inherit under the intestacy rules can still get some of the estate. Or they could agree that the amount that people get is different to the amount they would get under the rules of intestacy.
If you think that the way the estate is shared out should be rearranged, you will need legal advice. You may get legal aid."

So you could establish a trust for you comprising your share of the estate. But you would need to be very sure that it wouldn't count as deprivation, as you would still have had to agree to the change.

ETA: this thread on rightsnet could be about exactly your situation. It's old but interesting. Underlines the need for specialist advice.

Ames

Thank you, I'd read that and it did give me hope.

Still waiting for DIAL to get back to me, it's been two and a half weeks, bloomin cutbacks.

Wow you're right, that thread could have been about me! It gives me some hope anyway. A lot of the CDs mentioned give me good examples, although it looks like it's going to be a long process with possible appeals to the commissioners.

So, that's my 'to do' list for the foreseeable - get the probate forms in this week, hope DIAL get back to me, then maybe find a solicitor. What kind of solicitor should I see, would it be family law or a probate specialist?

Ames

Ok, things have got a tiny bit more complicated.

I'm going to send off the probate forms this weekend, so hopefully it'll all be sorted in a couple of months.

But my sister and dad are saying that it'll be the wrong time to sell then, and that we'll have to wait till next summer.

Am I right in thinking that once the house becomes half mine, I no longer qualify for HB/CT/IS? Because if so I need to start saving now to cover that loss - There'll be a little bit coming in from mum's work insurance and a trade union death payment, but not enough to cover at least 6-8 months of benefit loss. If I add 'my' half of her bank balance that'll help, but I'll have to pay the funeral expenses soon and was going to use that.

I still haven't heard from DIAL and it's been four weeks now, so I think I'm going to have to bite the bullet and write to the jobcentre myself. The link to the Rightsnet thread helps, I'll just have to do a bit of research and quote plenty of caselaw/CDs at them!

Why is being a grown up such hard work lol!