Question re means-tested benefits. Help please!

kanith3

I am a single mother with two teenage children (15 and 14). I no longer have any contact with their father as he was violent. However, his father (the children's grandfather) was a lovely man who wanted to provide for his grandchildren after his days(my children were his only grandchildren) . His wife had died and we were the only family he had. (He was 72 at the time.). His son, my ex, and I were never married and separated when the children were toddlers. He ALWAYS said he would contest his fathers Will if he left any money to myself or his own children! (Yes you read that correctly; my ex resented his father leaving money to our children) He resented my close and loving relationship with his father and his father did not want his son to have the money as he knew it would be gambled away - his life's work.,
Therefore, the Grandfather gave me £60,000 WITHOUT his sons knowldege to KEEP for the children whey they reached 21. He was in sound mind and had kept knowldege of his captital from his son. The problem I have now is that I need to claim benefits and I am being asked about savings. My OWN personal savings amount to £6,500 and does not afftect it (anything over £16,000 removes benefit entitlment. I do not want to declare this money as I am afraid it will be classified as savings and I will have to live on money that is one, not mine, and two, money I should and would not have in other circumstances. I am holding my childrens future inheritance. The Grandfather now has dementia and I do not want to involve him in any claim-making; there is also a chance my ex will become aware of our arrangement and he will try all he can to retrieve the childrens inheritance. This could involve lengthy and costly court battles for which I do not have the health or the resources. (I don't think I can even prove the money was given to me as the Grandad withdrew cash in bits and pieces over a 6-month period to give to me to avoid an obvious paper trail so his son would not suspect if he died suddenly).
I now have a severe (not life threatening) illness which means I will not be able to work again ( this is a fact and willnot change) and so must claim assistance from ESA and Housing benefits and other menans-tested benefits. I PROMISED the childrens Grand-dad I would hold onto this money and he trusted me to do it.
PLease advise as I do not know where to turn. I know claiming benefits will technically not be breaking the law as this money is neither mine nor my savings. It is a future inheritance for my daughters for which I have promised to be responsible. However, I need to know if there are any laws to clarify this situation, and how can I best keep this money safe without it affecting my claim to benefits which I sorely need? I do not have anyone else in whose name I could put it.
Warm Regards:think:

mynameistallulah

Do you have anything in writing about the money being for your children?

You do need to advise the DWP of your savings. Anything over £6,000 will affect your entitlement (your entitlement will be reduced by £2 per week whilst you have £6,500). You will have to advise them of the larger amount, and they will decide whether it is treated as yours or not.

dseventy

If you have access to the money then you have to declare it for means tested benefits.

Whilst it was nice for him to leave you the money, you can't pretend you don't have it. We all want to leave something for he kids, its what parents (and indeed grand parents) like to do.

But to go cap in hand and plead for state assitance, while sitting on 60K (with no real means of proving where it came from or how you got it) is fraud.

I would like to think that the grandfather had no idea that you were ever going to be so poor so that you had to claim benefits for your up-keep (as you can't support yourself).

Therefore the money he gave you can be used to support you and his grandchildren in time of need (which is now). Not some distant time in the future.

D70

Mojisola

kanith3 wrote: »

Therefore, the Grandfather gave me £60,000 WITHOUT his sons knowldege to KEEP for the children whey they reached 21.

I know claiming benefits will technically not be breaking the law as this money is neither mine nor my savings. It is a future inheritance for my daughters for which I have promised to be responsible.

However, I need to know if there are any laws to clarify this situation, and how can I best keep this money safe without it affecting my claim to benefits which I sorely need? I do not have anyone else in whose name I could put it.

Unless the money was put in trust for the children when it was given to you, I don't think you've got any hope of claiming means tested benefits.

It's too late now to move the money into their names - it would be seen as deprivation of assets.

Claiming benefits with over 60k in saving will very much be seen as breaking the law!

GlynD

Contact your bank or solicitor and arrange to have this money transferred into a trust. You can agree the details with the bank.

thistledome

dseventy wrote: »

But to go cap in hand and plead for state assitance, while sitting on 60K (with no real means of proving where it came from or how you got it) is fraud.

How is it fraud when it's not her money? Are children's savings taken into account for means-tested benefits? (genuine question, I've never had to claim them).

Mojisola

GlynD wrote: »

Contact your bank or solicitor and arrange to have this money transferred into a trust. You can agree the details with the bank.

It's too late now.

annie1975_2

I think they ask you if the children have any savings dont they?
And I dont think it would be wise to say they haven't got any because of when the interest is paid into the account.

thistledome

mynameistallulah wrote: »

Transferring the money at this stage will without question be seen as intentional deprivation - you could not be more obvious!

I'm trying to clarify whether OP has still got the cash or has it in the bank in her own name or has it in the bank in the children's names. She didn't make it clear (unless I've just missed it). I wasn't suggesting transferring anything. Have edited to make it more clear.

GlynD

Mojisola wrote: »

It's too late now.

No it's not. It's never too late. Get it done now and save any complications. If the money is in the children's names with restricted access then it can't be classed as her own savings.

annie1975_2

thistledome wrote: »

I'm trying to clarify whether OP has still got the cash or has it in the bank in her own name or has it in the bank in the children's names. She didn't make it clear (unless I've just missed it). I wasn't suggesting transferring anything. Have edited to make it more clear.

Im sure they will ask if the children have got savings,even if it is in there names??