We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
A complicated claim for JSA from ESA
brownedoff_2
Posts: 39 Forumite
I'm hoping someone can give me some advice, I'll try and be as brief as possible.
I've been in receipt of ESA for several years. The latter part of last year I was also claiming Carers allowance for my Mother.
In December my Mum passed away. I notified the DWP and my benefit was altered accordingly, although i still received the same amount.
I have been granted probate for Mums estate, I am the sole heir, she had money in the bank and owned her own property. I am currently waiting to hear from the DWP in regard to any overpayment of benefit she may have received. They have advised me that legally i am not allowed distribute her assets until a decision has been made. I therefore have money over £6k sitting in my bank account and a property that in theory i can't sell yet.
My problem is that i recently had an assessment for my ESA and scored nil points! My benefit has now stopped and I have been advised to claim JSA. However when looking at the criteria for the claim i will obviously have to declare my bank balance and the fact that i kind of own a property.
Also as yet i've not advised the DWP of any change of circumstance as legally the money or property isn't mine until they have decided whether a repayment of Mums benefits may or may not be due.
Obviously i don't want or intend to deceive, but i'm worried that on paper i won't be entitled to any benefit, because it looks like i have all these assets! whereas in reality i'm unable to do anything with them. Once the DWP have made their decision then i will be in a better position financially, but who knows how long that may be?
I would be grateful for anyones advice or opinion on the best way to deal with the situation. Forewarned is forearmed as they say
I've been in receipt of ESA for several years. The latter part of last year I was also claiming Carers allowance for my Mother.
In December my Mum passed away. I notified the DWP and my benefit was altered accordingly, although i still received the same amount.
I have been granted probate for Mums estate, I am the sole heir, she had money in the bank and owned her own property. I am currently waiting to hear from the DWP in regard to any overpayment of benefit she may have received. They have advised me that legally i am not allowed distribute her assets until a decision has been made. I therefore have money over £6k sitting in my bank account and a property that in theory i can't sell yet.
My problem is that i recently had an assessment for my ESA and scored nil points! My benefit has now stopped and I have been advised to claim JSA. However when looking at the criteria for the claim i will obviously have to declare my bank balance and the fact that i kind of own a property.
Also as yet i've not advised the DWP of any change of circumstance as legally the money or property isn't mine until they have decided whether a repayment of Mums benefits may or may not be due.
Obviously i don't want or intend to deceive, but i'm worried that on paper i won't be entitled to any benefit, because it looks like i have all these assets! whereas in reality i'm unable to do anything with them. Once the DWP have made their decision then i will be in a better position financially, but who knows how long that may be?
I would be grateful for anyones advice or opinion on the best way to deal with the situation. Forewarned is forearmed as they say
0
Comments
-
Sorry for you loss
Can't really offer any advice as I am currently in a similar situation my mother passed away in January also leaving money and a property to be divided between myself and my brother.
I informed the dwp as I receive ESA and wanted to stop claiming I was told I could continue to claim as the estate was in probate.
Don't really understand it and not at present equipped to cope with it.
My brother is dealing with things but hasn't been coping well.0 -
The £6k is being held by you as executor of your mother's will, it isn't your money until you know what is owed to DWP. Likewise, the property is still part of the estate, not yet yours. If you claim now, neither of these items will be classed as yours.
Once you have the info from DWP you will know what is left in cash. You will also be able to put the house on the market, assuming you don't plan to move in. The value of the property can be disregarded for up to 6 months as long as it can be shown that it is being actively marketed.0 -
Do you have a solicitor? when my mum died we sold the property pretty much immediately and the solicitor distributing the money from the estate while keeping some behind for an overpayment we knew had been made by the DWP. It took quite a while for the DWP to sort things out (about a year I think) and I would've hated to delay selling the house until then.0
-
allison445 wrote: »Sorry for you loss
Can't really offer any advice as I am currently in a similar situation my mother passed away in January also leaving money and a property to be divided between myself and my brother.
I informed the dwp as I receive ESA and wanted to stop claiming I was told I could continue to claim as the estate was in probate.
Don't really understand it and not at present equipped to cope with it.
My brother is dealing with things but hasn't been coping well.
Your situation is the same as that of the OP. As long as your mother's assets are tied up in probate, they aren't classed as yours because you don't have access to them. Once probate has been finalised, that is the point at which they need to be declared.0 -
Your situation is the same as that of the OP. As long as your mother's assets are tied up in probate, they aren't classed as yours because you don't have access to them. Once probate has been finalised, that is the point at which they need to be declared.
I'm in Scotland so everything very different here but when the OP said that they have been granted probate, does that not mean that it has been finalised?0 -
That's really helpful. I think it's time i made the call, i've been procrastinating over this for hours!
Meanwhile any other opinions or advice would be good thanks 0 -
I agree with beecher about putting the property on the market now. The DWP can't prevent you from selling it, you just can't distribute everything to the beneficiaries until you've paid whatever debts your mum owed, funeral costs, etc.
You might find it helpful to open a separate bank account to store the money relating to the estate, rather than having it in your own bank account.
Actually the property is on the market.
The seperate account is good advice thanks. I'd thought with me being sole benefeciary it would'nt make a difference, but it makes sense.0 -
Don't want to be saying ridiculous things because of my very different experience in Scotland, but should it be an Executor's account that brownedoff sets up?0
-
The bank did ask me if i wanted to set up a seperate account, as the sole heir it's not a legal requirement. But in hindsight i may do so.0
-
Just to add that you may want to consider appealing the decision not to award you ESa.
If this decision has more than 1 month ago, it may be possible for a late appeal to be considered because of your bereavement.
Do you think you could cope with the claimant conditions for JSa?
If not, then think about asking for a mandatory reconsideration of the ESa decision:
http://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf
More info here:
http://www.leicester.gov.uk/media/178160/esa-pack-nov13.pdf
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/
http://www.benefitsandwork.co.uk/employment-and-support-allowance/start-the-esa-test
Even if you don't get paid the benefit (once your mum's estate eventually passes to you), it could be worth pursuing to get NI credits towards the State Pension.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards