Inherited House but on Benefits

Minecrafter

Hi,

My wifes dad sadly passed away last week and he has left his house to my wife in his will.
We have been living in her dads house since he moved into a home about 14 months ago. His wife died a few years ago so no one else is mentioned in the will.
We dont pay him any rent, we are just basically looking after the house instead of leaving it empty.
We was renting previously anyway so it made sense, and it saved claiming Housing Benefit.
Wife is disabled and Im her carer. She gets ESA, PiP and IS, I get Carers Allowance.
Will we lose any of the benefits when she gets the House transferred into her name? there isnt any money hardly, only about enough to pay for funeral and solicitor etc.
Thanks in advance.

Sambella

No. You won't lose benefits

And as you don't claim Housing Benefit you won't be subject to any caps.

Would be different if you inherited money.

nannytone_2

how does your wife receive ESA and IS?

tomtom256

nannytone wrote: »

how does your wife receive ESA and IS?

Presumably ESA C for her and IS for him with the ESA C deducted from the IS.

Although it reads she gets ESA and IS so might be wrong.

Mojisola

Minecrafter wrote: »

My wifes dad sadly passed away last week and he has left his house to my wife in his will.

We have been living in her dads house since he moved into a home about 14 months ago.

Is there a charge on the house to pay his care home fees?

dippy3103

Do you intend to continue to live in it?

rockingbilly

Mojisola wrote: »

Is there a charge on the house to pay his care home fees?

I may well be wrong so please correct me if I am, but is it not the case that if a close relative has been living in dad's home the council would have ignored it when setting any charge to be paid privately?

TELLIT01

Assuming you are planning to continue living in the house it will have no effect on benefits as it is, and will remain, your only residence.

Mojisola

Minecrafter wrote: »

We have been living in her dads house since he moved into a home about 14 months ago.

His wife died a few years ago so no one else is mentioned in the will.

rockingbilly wrote: »

I may well be wrong so please correct me if I am, but is it not the case that if a close relative has been living in dad's home the council would have ignored it when setting any charge to be paid privately?

If a spouse will continue to live in the house, its value is ignored when the financial assessment is done.

The home also won’t be counted if it’s still occupied by:
your estranged or divorced partner IF they are also a lone parent
a relative who is aged 60 or over
a child of yours aged under 18
a relative who is disabled.

As the OP moved into the house after the father went into care, it's stretching the rules a bit and worth checking that there isn't a debt building up.

TESCOBABE56

Minecrafter wrote: »

Hi,

My wifes dad sadly passed away last week and he has left his house to my wife in his will.
We have been living in her dads house since he moved into a home about 14 months ago. His wife died a few years ago so no one else is mentioned in the will.
We dont pay him any rent, we are just basically looking after the house instead of leaving it empty.
We was renting previously anyway so it made sense, and it saved claiming Housing Benefit.
Wife is disabled and Im her carer. She gets ESA, PiP and IS, I get Carers Allowance.
Will we lose any of the benefits when she gets the House transferred into her name? there isnt any money hardly, only about enough to pay for funeral and solicitor etc.
Thanks in advance.

Mojisola wrote: »

If a spouse will continue to live in the house, its value is ignored when the financial assessment is done.

The home also won’t be counted if it’s still occupied by:
your estranged or divorced partner IF they are also a lone parent
a relative who is aged 60 or over
a child of yours aged under 18
a relative who is disabled.

As the OP moved into the house after the father went into care, it's stretching the rules a bit and worth checking that there isn't a debt building up.

Ahem.................

Mojisola

TESCOBABE56 wrote: »

Ahem.................

But the disabled relative didn't move into the house until the father went into care.

That clause is meant to protect relatives who lived with the care home resident and would be made homeless if the house had to be sold.

It might be that the financial assessor has stretched the meaning to allow the family to move from their rental property into the father's house but they should check to make sure that a debt isn't building up.