Advice needed please

jasenhumberton

Hi this is going to be a long post but I really need to explain everything to get the right advice.

I purchased a house with my father 9 years ago 6 months ago we did a transfer of equity and my father transferred all of the property in to my name with no money involved my father was getting mortgage interest payments from DWP and 50% council tax discount which all have stopped.The reason for the transfer of equity was that my dad is 67 years old on State Pension £190 a week we had been paying a interest only mortgage and wanted to switch to another lender on repayment the problem accrued was that no all lenders said they will only give us a 3 year mortgage because of dads age to pay £140000 which was not possible.

My mother who has been separated from my dad for 18 years lived in a council house which she purchased from the council with my younger brother under the Right To Buy Scheme my brother was the one who payed for the house CASH as mum is on Employment Support Allowance my mum then did transfer of equity and transferred all of the house in to my brothers name with no money involved.

My other has just found out after having problems with memory that she has Dementia it is a very upsetting and critical moment in her life and ours the children. After hearing that mum has been diagnosed with Dementia dad and mum have decided to come back together in the house which me and my dad ounce owned with me.

How will my dads benefits be affected ?
How will my mums benefits be affected?
Mums house which she did transfer of equity with brother will that be affected? or affect mother?

Please people read through this post of mine and give advice as we as a family have been very unfortunate in life and now I want mother a father happy for as long as mum is around. Thank you

Happy New Year to all in advance

NYM

I don't know about 'other' benefits, but I presume your Dad will continue to get his State Pension

...and well done for taking in your Mum to look after her!

anmarj

If your mum or dad still have means tested benefits, then one has to stop and added to the other claim. Go to entitled to and put in figures as a couple and see what comes back.

Deprivation of capital regarding the house might come into it, but will depend on how long ago it was

tomtontom

Yes, well done on manipulating the right to buy system How long ago was the transfer to your brother?

emmsie123

'as mum is on Employment Support Allowance my mum then did transfer of equity and transferred all of the house in to my brothers name with no money involved'
I smell deprivation of capital, if not now, when care is needed later.

kittykat17

emmsie123 wrote: »

'as mum is on Employment Support Allowance my mum then did transfer of equity and transferred all of the house in to my brothers name with no money involved'
I smell deprivation of capital, if not now, when care is needed later.

I can't see where deprivation of capital comes into it - the OP said his brother paid for the house (cash). Assuming the brother can prove he paid with his own money then there is no deprivation surely?

NYM

kittykat17 wrote: »

I can't see where deprivation of capital comes into it - the OP said his brother paid for the house (cash). Assuming the brother can prove he paid with his own money then there is no deprivation surely?

Maybe in transferring the property into her sons name, she in effect gifted the value of the discount she would have had when the property was purchased?

emmsie123

He quoted that his mum did transfer of equity. His mum purchased the house from the council, but her brother paid cash?
Her name would have been on the land registry. The lead tenant has to be on the deeds.
Wether money changes hands or not is surely irrelevant.
If she has dementia, she will maybe need care at some point.

Topcat1982

kittykat17 wrote: »

I can't see where deprivation of capital comes into it - the OP said his brother paid for the house (cash). Assuming the brother can prove he paid with his own money then there is no deprivation surely?

Only the mother, the tenant, has the "right to buy". Whether the brother came up with the cash, the mother would have been the owner. Or they were both tenants and purchased together

It's not clear who's name is on the deeds now and how long ago it was transferred.

All of this is only relevant if they plan to claim means tested benefits, or go into care

emmsie123

Maybe op could clarify how long ago this was transferred and if his mum was on income based esa.
When you make a new claim for benefits all sorts of questions are asked.
If there planning on living together they would have to make a joint claim.

Mrs_Ryan

emmsie123 wrote: »

Maybe op could clarify how long ago this was transferred and if his mum was on income based esa.
When you make a new claim for benefits all sorts of questions are asked.
If there planning on living together they would have to make a joint claim.

I presume the dad wouldn't be eligible for ESA as he is past retirement age and claiming State Pension.
OP doesn't indicate how old Mum is and how long she has left before she can claim State Pension.
It sounds like mum and brother lived in the house, brother stumped up the cash and mum has gifted house to brother.
I could be utterly wrong of course...