Inheritance and on ESA/PIP

missbiggles1

getmore4less wrote: »

I very much doubt this counts as income any more than £50pw from your mum would.

payments attributable to any interest earned would be income.

But this isn't money that's being given to him by somebody else, it's money that belongs to him and which he is drawing down on a regular basis (like someone taking their pension as drawdown from their pension pot).

I can't see how it can be neither capital nor income.

TELLIT01

missbiggles1 wrote: »

But this isn't money that's being given to him by somebody else, it's money that belongs to him and which he is drawing down on a regular basis (like someone taking their pension as drawdown from their pension pot).

I can't see how it can be neither capital nor income.

I totally agree with your logic which is why I said to declare everything to ESA, which is a requirement anyway, and let them work out how it will be treated.

missbiggles1

TELLIT01 wrote: »

I totally agree with your logic which is why I said to declare everything to ESA, which is a requirement anyway, and let them work out how it will be treated.

I'm in complete agreement with you on that one.:)

Cheeky_Monkey

Celifein wrote: »

The OP stated:

"I am also on long-term ESA in the Support group and on PIP. My friend has stipulated in her will that I am to be paid £1,000 every 4 months to help to keep my home running."

It sounds like the OP's friend wanted to set up a Trust to make sure their disabled best friend was able to remain in their home. I might have misunderstood, though, the only Trust I've dealt with was of a different type.

I meant I couldn't see anywhere in the OP's posts where they said they were disabled.

You don't have to be disabled to be in the ESA Support Group and receiving PIP - that's all I meant

xylophone

You can hold money in an account in your name where the beneficial interest is someone else's and it would not fall into your estate.

The point is that if the cash were held in the testator's brother's sole name then there would be no indication of the existence of a Trust.

It is simply not correct to hold Trust capital in an account which gives no indication of Trust ownership.

And a trust of some type has been created under the terms of this will.

xylophone

meant I couldn't see anywhere in the OP's posts where they said they were disabled.

https://forums.moneysavingexpert.com/discussion/comment/37564698#Comment_37564698 post 35

I live in Eastleigh, Hampshire and I am registered disabled. I have a yellow card issued by Hampshire county council with a registration number.