Really entitled to nothing?

sarahRJ

Hello

This is my very first post on this website - please excuse me if I make mistakes, but I really can't believe something I'm being told.

Trying to be very short with a long story.

My good friends' partner of 17 years died 3 months ago, they have an 8 year old son, she is in her early 40s. Probate is a mess as they were not married (lived together only) and had made no wills. She is deaf (hearing aids in both ears and lip-reads) and has their 8 year old son to look after. She doesn't work, and is currently receiving DLA & Child Tax Credits - no other benefits. That was OK when her partner was alive - now this is only income she has

She has been told by CAB and by, I'm sure, well meaning parents that she is entitled to no benefits whatsoever. I can't believe this and investigated only to be told (by her parents) that all the benefits I looked at they have already looked at and dismissed. I'm not even sure they've done more than look at forms.

Does anyone know, really, if she is entitled to no help from the Government at all????

If I'm in the wrong place, I apologise and will gladly post elsewhere if you tell me where!

Many thanks,

Sarah

McKneff

Tell her to forget the CAB and her parents.


Tell her to go to the DWP, they are the ones who will tell her if she is eligible for benefits.


There is no such thing as probate when a person dies without making a will.


All of their estate will pass to their next of kin.

nannytone_2

if she hasn't worked for the past few years, then she may only be entitled to income related benefits. entitlement to these would depend on other income or savinngs.
does she have savings over 16k?

kazzah

sadly I think a number of people might find themselves in this position - living together as partners means that very little help is available if one person dies - had they been married she would have been entitled to a widows pension and possibly a lump sum ( it's been some years since I looked at this)

has she applied for Income support ? ( although it may now be universal credit ?)

she does need some PROPER advice - perhaps one of the bereavement charities might be helpful ?


I think many families fall foul of this, believing that "common law wife/husband" is a legal partnership bestowing the rights of marriage on the other person - but this is not the case.

I hope your friend gets some help

nannytone_2

kazzah wrote: »

sadly I think a number of people might find themselves in this position - living together as partners means that very little help is available if one person dies - had they been married she would have been entitled to a widows pension and possibly a lump sum ( it's been some years since I looked at this)

has she applied for Income support ? ( although it may now be universal credit ?)

she does need some PROPER advice - perhaps one of the bereavement charities might be helpful ?


I think many families fall foul of this, believing that "common law wife/husband" is a legal partnership bestowing the rights of marriage on the other person - but this is not the case.

I hope your friend gets some help

its now called widowed parents allowance.
income support is not applicable, as the child is over 5.
the benefits she would have to claim would be either HSA or ESA ( if the doctor considers her to be unfit for work)
again, if she hasn't worked and paid NI in the tax years 12/13 and 13/14, these would be income related claims and dependant on household income and savings

sarahRJ

Hi , thanks for your reply.

It's a bit more delicate than just telling her to go to DWP. The whole situation is very overwhelming for her and I'm just trying to help somehow. She's a very good friend and I'm not sure she's getting good advice.

I'm trying to get her to claim for something, but she refers back to her parents and what they've told her. She has to have someone phone for her but doesn't want me to do that as it might upset her parents (stepping on toes) and doesn't feel up to using the text service. I can't intervene too far - they are her family after all.

I don't know the benefits system at all anymore and was really just looking for someone to give me a rough idea if they thought she isn't entitled to anything at all.

Probate is a word that's being used a lot by my friend and her family right now and I, again, do not have experience of dying without a will so repeated what I have heard.

Is this all the advice that can be offered? Would a different forum be more useful? If not, thanks for the reply and I will try again to ask her to bypass parents.

Indie_Kid

Does your friend rent?

She would also, regardless of her income, if the only other person living with her is her 8 year old, be entitled to the single person (25%) council tax discount.

themarsbargirl

sarahRJ, I had some problems with how to claim ESA for me due to the form being so overwhelming and being unable to use the phone. I found out (thorugh mental health services) the my local authority council offices had a special person who helped to fill in forms for me and then sent them off. Maybe worth checking if your local authority has a similar person?

sarahRJ

Hi again,

Thanks nannytone - no, no savings, all their money was tied up in the house (which is mortgage free) but can't get to. I told her parents about ESA - but have been knocked back by her father, who says that although she is deaf she is fit for work. So, after he looked through the forms, he decided not to apply for her.

kazzah - no not applied for Income Support. I think there's been some confusion when she was at a Job Centre and they told her that she's entitled to nothing if she's not working. As she does want to work, eventually, she (and her father) accepted that and walked away.

Thanks for the replies, I just feel so helpless I want to help (and it's heartbreaking to see the grief she's going through) but I keep getting knocked back because 'my parents are dealing with that - speak to my parents' but they don't know anything about the benefits system either.

Mojisola

sarahRJ wrote: »

I'm trying to get her to claim for something, but she refers back to her parents and what they've told her. She has to have someone phone for her but doesn't want me to do that as it might upset her parents (stepping on toes) and doesn't feel up to using the text service. I can't intervene too far - they are her family after all.

Are they going to start paying her a weekly income? If not, what's their plan?

She is entitled to claim some benefits.

Tigsteroonie

I'm pretty sure that she would either be entitled to income-based JSA (if she can work) or ESA (if she cannot due to her deafness). However delicate the situation, she needs objective advice rather than her parents' who obviously don't understand the options. As someone else mentioned, she should go to the DWP and ask.

What is the house situation? Owned outright,mortgage, rented? She may be entitled to Housing Benefit/Local Housing Allowance if rented. If owned, was she a joint owner? If mortgaged, was there any life cover in place?

Does she have any savings in her name?

If no will was left, I'd imagine the child inherits everything.

(All of the above written on presumption that this is England/Wales, please ignore if not.)

Believe me, MSE is the best place to get this kind of advice