'Capital Disregards' re Means-tested Benefits

Mjjg_V

Hello,
Newbie visitor/poster here. Congratulations, am truly awestruck by this community's by expertise/helpfulness.
Hope for advice re couple of problems:

1. ESA was rejected citing 'savings of more than £16000.00'.
This in fact refers to the share I inherited in my late mother's home abroad.
It is occupied by my brother as his sole residence. He can neither pay me rent or buy me out (unemployed, low income). I would only derive financial benefit in the event of his consenting to sell the property.( At least, that's my understanding of the legal and practical position)
I'm only belatedly genning up on the issue, but I see the most pertinent sections H2048/9 of the Advice for Decision Makers provide for 'disregarding indefinitely' such premises should my brother qualify as of 'Low Capacity for Work' and/or the UK pension.This assumes location within the jurisdiction. But wouldn't it apply re such foreign property also?

2. I have missed by over one month the deadline for appeal, for various reasons: I was till today quite pessimistic of my chances of success (GP and all who know me describe me as depressive), am increasingly ineffectual (due to my Parkinsons) at all practical and bureaucratic tasks (eg failed for three months to get free travel-pass, till relative came and sorted it).
Above all I continue as de facto unpaid carer for my (nominally separated) schizo-affective afflicted wife. (Barrage of distracting discourse as I type this). Will DWP engage in Mandatory Reconsideration, or will I need to apply again from scratch?

3.My long-standing Housing Benefit has NOT been disallowed, although I now see they are if anything subject more stringent rules re capital than ESA. I seem to recollect notifying them of my inheritance. But perhaps not... Could I be liable for a large overpayment clawback? Sorry for overlong screed, any advice appreciated

marliepanda

Mjjg_V wrote: »

1. ESA was rejected citing 'savings of more than £16000.00'.
This in fact refers to the share I inherited in my late mother's home abroad.
It is occupied by my brother as his sole residence. He can neither pay me rent or buy me out (unemployed, low income). I would only derive financial benefit in the event of his consenting to sell the property.( At least, that's my understanding of the legal and practical position)
I'm only belatedly genning up on the issue, but I see the most pertinent sections H2048/9 of the Advice for Decision Makers provide for 'disregarding indefinitely' such premises should my brother qualify as of 'Low Capacity for Work' and/or the UK pension.This assumes location within the jurisdiction. But wouldn't it apply re such foreign property also?

2. I have missed by over one month the deadline for appeal, for various reasons: I was till today quite pessimistic of my chances of success (GP and all who know me describe me as depressive), am increasingly ineffectual (due to my Parkinsons) at all practical and bureaucratic tasks (eg failed for three months to get free travel-pass, till relative came and sorted it).
Above all I continue as de facto unpaid carer for my (nominally separated) schizo-affective afflicted wife. (Barrage of distracting discourse as I type this). Will DWP engage in Mandatory Reconsideration, or will I need to apply again from scratch?

3.My long-standing Housing Benefit has NOT been disallowed, although I now see they are if anything subject more stringent rules re capital than ESA. I seem to recollect notifying them of my inheritance. But perhaps not... Could I be liable for a large overpayment clawback? Sorry for overlong screed, any advice appreciated

I found this a little difficult to follow, but will try with what I can:

1. On what grounds is your brother of limited capacity for work? Was the house left to him with a life interest? If not, would selling the home to buy him a smaller home (assuming this is a larger family home) work?

2. You will have to ask the DWP this. We could give you 'probably yes' and 'probably not' but this needs to come from the DWP.

3. If you did not notify them, and they continue to class this capital against you, then yes they can recover overpayments from your ongoing benefits.

Did your payments change after notification of your inheritance? If not, then it would appear you did not notify them.

TELLIT01

If there is anything in the will to say that your brother has the right to continue to occupy there is potential for the property to be disregarded, but evidence to that effect would be required.
I'm not sure if it simply being his sole residence and him not having the ability to buy you out would be relevant to any calculation. You really do need to speak to DWP direct as there are potentially any number of questions they might pose.

pmlindyloo

The link that you have been looking at applies to Universal Credit.

The link that you require is here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/626778/dmgch52.pdf

My understanding is that if a sale from a property abroad has been inherited and the money from that sale can be transferred form that country to UK then the 'rules' for capital are the same as if the property was in the UK.

As regards this capital can be disregarded then it looks quite complicated and you are probably going to need some specialist advice. Have you got a CAB near you which has a benefits specialist?

However, some things to consider.

You say a 'share' in the property. What share is this? What do the deeds of the property say?

Agree about selling the property. Why can this not be done?

You need to show that you are taking steps to sort this out so what have you done so far? Have you taken legal advice? Have you a copy of your mum's will? Was probate done? Where? Who did the probate?
Have you evidence that your brother refuses to sell? Evidence of your brother's circumstances?
Above all you need to have your paperwork in order. A Decision Maker will need this evidence.

In the meantime I suggest you put in a claim for Carer's Allowance if you estranged wife is claiming the appropriate benefits. This is not means tested and will give you some income.

Also, have you thought whether you are eligible for PIP?

Put simply this is far too complicated for you to tackle on your own or for us to give you more than basic advice. Sorry.

And yes, please contact the council and make sure that they know about your inheritance.

Alice_Holt

I would suggest getting the MR in asap. Here is a proforma template:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf
perhaps cite your depression as the reason for a late request.
As long as it's not many months late it should be accepted, a recent Upper Tribunal ruled that the one month deadline should not be enforced by the DWP.

In the meantime, collect the evidence. As pmlindyloo suggested get advice from your local CAB, they have email access to an Expert Advice Team - because of the complications of your case you may wish your CAB to get guidance from their EAT.

Don't expect the MR to succeed, I anticipate you will need to appeal to the Tribunal Service. Your CAB should be able to give you info on this, and do a benefits check.
PIP sounds like a good idea.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/