Received inheritance but am dsabled and vulnerable.

GregoryH

Celifein wrote: »

Can the Autistic Trust help with things like life skills courses, where you could learn how to budget?

Thank you. They do.

GregoryH

Thank you for all the advice.

The solicitors have not come back to me and considering both partners in the solicitors are in their 70's, I doubt that they will offer me any relevant advice. I have looked at the various trust options online and they would seem to not be of benefit in my case. The main being having a 'discretionary trust' set up as it would appear that I would qualify. The disadvantage is that under sections 52236, 7, 8 and 9 (of this document - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/470890/dmgch52.pdf) regular payments would be classed as 'other earnings/income and would still have a limiting affect on what I could do with the money/payments made by an appointed trustee/what benefits I could receive. Unless someone here/my Mums solicitors has more information, I consider this option to not be viable.

One of my main concerns was that I might not be able to go back on benefits once the capital is reduced to 16k or below. Judging from an earlier reply, my claim will remain open and NI credits will still be paid. That is a great weight off my mind and was one of my biggest fears.

It is obviously (judging by all the gratefully received advice you have given me) in my best interests to declare my inheritance to the DWP (although as already mentioned I will be getting some more information from my Mums solicitors as they already have a trust fund set up for me when my Mum dies). I will have the money put in my account first (to show the DWP all is above board and legal) then have my Mum set up an account for me that pays all my monthly bills for me, and gives me whatever I need to replace whatever benefits I cannot claim on the same basis and dates that I would have received them until such income hits the 16k threshold. This will be in about 4-5 years time as the 'total' amount of benefits I currently receive (Housing Benefit/ESA/Council Tax Benefit) comes to 9-10k a year. I will also try to claim PIP.

GregoryH

Thomas The Tank Top :-

Although I appreciate your reply based on your own opinions (which you are entitled to), I disagree. The truth is more a case of 'I cannot do what I want' with the money instead. My intention is not to deprive the DWP of income as that would be illegal if I was required to declare it. I just don't like the idea of only being able to spend the money on whatever is approved by them to be of a benefit to my well being. Imagine the following scenario :-

You see that 4k TV? Too expensive and unnecessary. See that nice shirt? Too expensive. See those jeans? Too expensive. Buy cheap jeans from the market.

Exaggerated maybe, but I'm sure you get why I am upset.

nannytone_2

your mums solicitors probably know very little about how the benefit system works, and so are not a good source of information for you.

you either need to see someone at CAB/DIAL/MIND or a specialist benefit solicitor

GregoryH

Ames wrote: »

I'm vulnerable in similar ways. I had a partner steal thousands from me and he sexually abused me too. I was bullied so much by my sister in relation to my inheritance that it became a social services safeguarding issue. I've been known to give my bank details to random people who phoned. That's just a small selection. I know how you feel about wanting to be classed as vulnerable in order to access help and protection, but it's an incredibly difficult thing to do.

I am sorry that this has been a part of your life and am glad that you are now out of that situation. As far as I know I have been classed as vulnerable by at least one health care professional and it is permanently recorded with the NHS and the DWP.

nannytone_2

GregoryH wrote: »

I am sorry that this has been a part of your life and am glad that you are now out of that situation. As far as I know I have been classed as vulnerable by at least one health care professional and it is permanently recorded with the NHS and the DWP.

being vulnerable does not mean that benefit rules and regulations do not apply to you

GregoryH

nannytone wrote: »

being vulnerable does not mean that benefit rules and regulations do not apply to you

Thanks. I understand.

Andypandyboy

GregoryH wrote: »

Thomas The Tank Top :-

Although I appreciate your reply based on your own opinions (which you are entitled to), I disagree. The truth is more a case of 'I cannot do what I want' with the money instead. My intention is not to deprive the DWP of income as that would be illegal if I was required to declare it. I just don't like the idea of only being able to spend the money on whatever is approved by them to be of a benefit to my well being. Imagine the following scenario :-

You see that 4k TV? Too expensive and unnecessary. See that nice shirt? Too expensive. See those jeans? Too expensive. Buy cheap jeans from the market.

Exaggerated maybe, but I'm sure you get why I am upset.

To be fair, they have to act in the taxpayers interest. Would the averge person spend 4k on a TV? Doubtful, would the average person etc, etc.

It is effectively "their" money you are spending as deprivation of capital means you will be back under the 16k limit and on benefits sooner than would otherwise have been the case. Obviously, there have to be safeguards.

If you look at it from the perspective that you were relying on benefits previously and now you are not that is surely a good thing. Spend reasonably and keep receipts and you will not have a problem.

xylophone

My intention is not to deprive the DWP of income as that would be illegal if I was required to declare it.

But if the executor has released the money you do need to declare it?

Just because your mother is holding it on your behalf does not mean that it is not yours - you are the beneficial owner of this money.

Ames

GregoryH wrote: »

Thomas The Tank Top :-

Although I appreciate your reply based on your own opinions (which you are entitled to), I disagree. The truth is more a case of 'I cannot do what I want' with the money instead. My intention is not to deprive the DWP of income as that would be illegal if I was required to declare it. I just don't like the idea of only being able to spend the money on whatever is approved by them to be of a benefit to my well being. Imagine the following scenario :-

You see that 4k TV? Too expensive and unnecessary. See that nice shirt? Too expensive. See those jeans? Too expensive. Buy cheap jeans from the market.

Exaggerated maybe, but I'm sure you get why I am upset.

I know how you feel. I was terrified that the level of scrutiny would be 'why did you buy a nice granary loaf of bread instead of 50p white bread'. So I'm just withdrawing money at the rate of benefit I was on when I became ineligible for benefits.

For 'bigger' purchases, I'm using the Argos catalogue as a guide. I can't buy flatpack so I'm buying 'antique' furniture from ebay, which is generally about half the price of mid to low range Argos stuff - a dining table for £40, for instance. I'm keeping receipts for everything.

Obviously something like a 4k TV would be out, but a 'normal' HD one for a couple of hundred should be OK.

GregoryH wrote: »

I am sorry that this has been a part of your life and am glad that you are now out of that situation. As far as I know I have been classed as vulnerable by at least one health care professional and it is permanently recorded with the NHS and the DWP.

Thank you. I'm only out of that situation because I have no personal relationships and avoid anything resembling them. It's something I need to work on, but it's waaay down the list right now.

xylophone wrote: »

But if the executor has released the money you do need to declare it?

Just because your mother is holding it on your behalf does not mean that it is not yours - you are the beneficial owner of this money.

I read the OP as knowing he has to declare it.