We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 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!

ESA (support group) and home ownership

Options
Joe (age 45) is disabled, unable to work and receives long term ESA (support group).  He lives alone in a house owned outright by his uncle Fred, who receives Joe's housing Benefit directly. Joe is also 100% exempt from Council Tax.
Fred wants to gift the house to Joe and Joe is keen to accept it provided that neither his ESA nor his 100% Council Tax relief would be affected.
Fred is OK with the fact that he would lose the Housing Benefit income that he now enjoys.
Does anyone please know where there are definitive official (DWP?) rulings on the continuity of ESA and Council Tax relief under these circumstances?
Would Joe's change from tenant to homeowner adverse affect these benefits? Thanks.

Comments

  • Muttleythefrog
    Muttleythefrog Posts: 20,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 October 2024 at 6:08PM
    Presumably the council tax 'relief' is due to severe mental impairment? If so that should remain unaffected
    ESA Support Group - whether income related or contribution based/new style that should continue

    The property you live in (and own) does not count as capital for means tested benefits. I assume Joe has no properties currently.

    So as I see it.. and others will comment... yes housing benefit will be lost but otherwise there should be no impact

    Fred may obviously want to consider whether this makes sense for him aside from the loss of HB

    Is the ESA income related? Eventually they will move to Universal Credit if so

    They should check for entitlement to PIP if not already being claimed. This also would be unaffected.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Presumably the council tax 'relief' is due to severe mental impairment? If so that should remain unaffected
    ESA Support Group - whether income related or contribution based/new style that should continue

    The property you live in (and own) does not count as capital for means tested benefits

    So as I see it.. and others will comment... yes housing benefit will be lost but otherwise there should be no impact

    Fred may obviously want to consider whether this makes sense for him aside from the loss of HB

    Is the ESA income related? Eventually they will move to Universal Credit if so

    They should check for entitlement to PIP if not already being claimed.
    Thanks Muttleythefrog for your reply.
    To clarify:
    Fred is wealthy and 70 years old.
    He now wants to give away multiple assets and then live for at least another seven years to minimise IHT.
    Joe's (long term) ESA is 'old style' and is not income related. He has not been employed for many years.
    PIP is indeed already being claimed but, as no doubt you know, it is not means tested and would not be affected.
  • peteuk
    peteuk Posts: 1,977 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Giving away his assists may lead to problems should he require care, regardless of the 7 years noted, if they have an illness or medical condition that may in the future deteriorate then giving away assists will go against him (I know you say they are weathey) 

    If the house is gifted then who will maintain it?  Pay for the insurance and running costs?
    Proud to have dealt with our debts
    Starting debt 2005 £65.7K.
    Current debt ZERO.
    DEBT FREE
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.8K Work, Benefits & Business
  • 598.6K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.