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ESA (support group) and home ownership

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: 20,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 October 2024 at 5:08PM
    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: 1,785 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?
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