Claiming UC, my recently deceased partner has left me some money. Looking for advice

Mojisola

LostLittleSoul wrote: »

I’ve been told I’m getting a dependent’s pension from my deceased partner of around £20,000, as a lump sum rather than monthly amounts.

And my partner asked me to make sure his granddaughters got £1000 each (£3000)

xylophone wrote: »

The money is yours - this would be regarded as a gift from you so Deprivation of Capital.

LLS could still give the money if willing/able to manage with the DWP assessing her as if she still had it and the effect that might have on her benefits.

calcotti

LostLittleSoul wrote: »

I was on contribution based ESA before my partner died, and they took me off it a month ago because I needed help with housing costs, so was transferred to UC.

Claiming UC should not stop a contribution based ESA award, it should continue because UC only replaces income based awards.


If you were not in the Support Group your entitlement to contribution based ESA would end after 12 months. If you were in the Support Group your contribution based entitlement continues indefinitely. If your award was contribution based topped up with income based then, when you claimed UC, you should only have lost the income based part and should continue to receive the contribution based amount (£110.75/week in the Support Group).


If you were in the Support Group and if you are sure it was a contribution based award but your ESA has stopped you should challenge this because the contribution based award will not be affected by any other income or capital.


If you do continue to get UC any ESA is deducted from the UC award.

WhenIam64

“
The money is yours - this would be regarded as a gift from you so Deprivation of Capital.
Originally posted by xylophone

I'd like to disagree with this. There is no will so the "ownership" of the money is not yet decided. The Executor can make a different decision based on their understanding of the intentions of the deceased - which may have included disbursements to grandchildren prior to leaving the bulk of the estate to others.

LLS should consult a lawyer if they are not already doing so and investigate how the disbursement would/should be conducted.

Only then can the "ownership" be decided and hence what capital is being deprived if any.

Amended as being incorrect. Agree with comments below.

Mojisola

WhenIam64 wrote: »

I'd like to disagree with this. There is no will so the "ownership" of the money is not yet decided.

The money is coming from a pension so the ownership has already been decided.

It won't actually form part of the estate at all - these payments are usually direct to the named person.

xylophone

There is no will

This payment is not a bequest - it is a dependant's pension paid as a lump sum so the money belongs to the OP.