Housing Benefit and Inheritance

LynnMeryl

My mother died in January. I have been receiving Housing Benefit (and Carer's Allowance which has now been converted to Jobseekers Allowance). I am due to an entitlement from my late mother's estate. A Deed of Probate has been granted and I should be due quite a sum of money soon.

I am concerned as I have been told by my solicitor that I will have to pay back from my inheritance any Housing Benefit paid to me since January when my mother died? Is this correct? Can the Council claim this back retrospectively?

I have been waiting for my mother's house to sell so that I can move out of the area and live with my fiance.

I have phoned the Housing Benefit helpline and they are unable to advise me.

Would appreciate someone's help?

real1314

LynnMeryl wrote: »

My mother died in January. I have been receiving Housing Benefit (and Carer's Allowance which has now been converted to Jobseekers Allowance). I am due to an entitlement from my late mother's estate. A Deed of Probate has been granted and I should be due quite a sum of money soon.

I am concerned as I have been told by my solicitor that I will have to pay back from my inheritance any Housing Benefit paid to me since January when my mother died? Is this correct? Can the Council claim this back retrospectively?

I have been waiting for my mother's house to sell so that I can move out of the area and live with my fiance.

I have phoned the Housing Benefit helpline and they are unable to advise me.

Would appreciate someone's help?

Once probate has been granted, you are the owner of the property (afaik) and at that point should declare the assets(s); only at the point of probate being granted would your benefits be affected.

Surely if you are waiting for the house to sell, probate has been granted?

:cool:

McKneff

LynnMeryl wrote: »

My mother died in January. I have been receiving Housing Benefit (and Carer's Allowance which has now been converted to Jobseekers Allowance). I am due to an entitlement from my late mother's estate. A Deed of Probate has been granted and I should be due quite a sum of money soon.

I am concerned as I have been told by my solicitor that I will have to pay back from my inheritance any Housing Benefit paid to me since January when my mother died? Is this correct? Can the Council claim this back retrospectively?

I have been waiting for my mother's house to sell so that I can move out of the area and live with my fiance.

I have phoned the Housing Benefit helpline and they are unable to advise me.

Would appreciate someone's help?

OP says that probate HAS been granted.

LynnMeryl

real1314 wrote: »

Once probate has been granted, you are the owner of the property (afaik) and at that point should declare the assets(s); only at the point of probate being granted would your benefits be affected.

Surely if you are waiting for the house to sell, probate has been granted?

:cool:

Thanks very much for that. We have now received probate but it will be a couple of months before any monies are received.

LynnMeryl

McKneff wrote: »

OP says that probate HAS been granted.

Hi, sorry but what is OP?
Thanks for that.

Lou76

LynnMeryl wrote: »

Hi, sorry but what is OP?
Thanks for that.

Original Poster, or can mean Original Post.

Dunroamin

LynnMeryl wrote: »

Thanks very much for that. We have now received probate but it will be a couple of months before any monies are received.

It's not really a question of having money in your hand but of owning a capital asset.

If you've been on means tested JSA then this will be repayable as well.

Mojisola

LynnMeryl wrote: »

My mother died in January. I have been receiving Housing Benefit (and Carer's Allowance which has now been converted to Jobseekers Allowance). I am due to an entitlement from my late mother's estate. A Deed of Probate has been granted and I should be due quite a sum of money soon.

I am concerned as I have been told by my solicitor that I will have to pay back from my inheritance any Housing Benefit paid to me since January when my mother died? Is this correct? Can the Council claim this back retrospectively?

The money didn't become yours when your mother died. It isn't yours until you get the cheque into your account. Check the solicitor's opinion with the DWP and the LA. Solicitors aren't always a good source of information about benefits.

If you've become a property owner rather than receiving a lump sum, you need to tell them from the date you became an owner.

Please come back and tell us what the DWP and the LA tell you.