*solved*

[Deleted User]

Northern_Wanderer said:

[Deleted User] said:

Northern_Wanderer said:

I'm sorry to say but I beleive that if you inherited the house, it becomes your capital as soon as you became the beneficiary of the property, not when you get the money from the sale. You may wish to seek advice on this. I suspect you will be asked questions and perhaps a decision maker will change your award and state that you were not entitled to UC from a particular date. You may be expected to to repay your UC overpayments. 

The property may have been able to be disregarded for a 6 month period or longer whilst up for sale, but you have not declared it to UC, I assume? Do you intend to purchase a property for you to live in with the proceeds?

Ni i didnt declare it because i didnt own it. The deed was still in my parents name until it exchanged hands just recently. My brother is also a beneficiary and lives abroad.  The 6 months is grey area, because that can be extended if you have tried selling it and have had hang-ups.  

You were the beneficiary ( I imagine since the death) and should have reported it to UC at the time. There is no grey area on the 6 months, it's pretty clear, yes it can be extended, but only if you have declared it, which you have not. This appears to be benefit fraud.

declare what? DWP is informed of probate when its issued.   I think i need to re write my question.  I really just wanted to know which option to choose. Cancel or Make a change,  

Northern_Wanderer

I don't beleive DWP are informed when propbate is granted, that's up to you.

Oh look, my capital just disappeared because I deleted/ edited my initial post. But your comments are still quoted so not really deleted. We see the story here. Good luck with your overpayments.

[Deleted User]

Northern_Wanderer said:

I don't beleive DWP are informed when propbate is granted, that's up to you.

Oh look, my capital just disappeared because I deleted/ edited my initial post. But your comments are still quoted so not really deleted. We see the story here. Good luck with your overpayments.

Deleted because nobody really answered my enquiry.  Just the armchair experts ranting on about the fraud and everything under the sun.   Get a grip.  If i owe then i will pay.  End of story.  

born_again

Just click cancel claim.

Then wait & see if they come knocking on the door (figure of speech) asking for your financial details. For the period prior to the closure. 

[Deleted User]

born_again said:

Just click cancel claim.

Then wait & see if they come knocking on the door (figure of speech) asking for your financial details. For the period prior to the closure. 

Yeah, i think that may be the best way.  I have no problem with that bit.  i just got lumbered a bit with dealing with both parents passing away within a year of each other and selling a house by myself and it got a bit overwhelming.  If DWP want to poke around the details of the thing then they are welcome to it.  TBH the whole thing has been exhausting. 

peteuk

[Deleted User] said:

Northern_Wanderer said:

I don't beleive DWP are informed when propbate is granted, that's up to you.

Oh look, my capital just disappeared because I deleted/ edited my initial post. But your comments are still quoted so not really deleted. We see the story here. Good luck with your overpayments.

Deleted because nobody really answered my enquiry.  Just the armchair experts ranting on about the fraud and everything under the sun.   Get a grip.  If i owe then i will pay.  End of story.  

The problem here is, if you leave the the UC claim open and declare over the £16K then they MAY ask where the monies came from.  At which point you will be expected to say from the sale of a house.  A house which you didnt declare.  At which point they may work out your UC should have closed a year ago. 

So jumping on here and asking should I just close it or do a change of capital, has the optics of Ive done something without knowing the full effect and now it might go wrong.  For the sale of my parents house, all three children had to sign the paperwork.  My Sister had POA over my father after my mother died in 2016. As soon as he passed his accounts were closed and we put the house for sale, even to put it on the market all three had to prove who we were.  It was our house...

So back to your question, the outcome is the same, your UC will stop unless youve got a reason to disregard your capital and the disreagard brings it under the £16K.   At which point your UC will continue but at a reduced rate. But you do run the risk of the where did the money come from. 

Hindsight is great, maybe once the house was put on sale the question could have been asked then what do I do? It would have been disregarded for 6 months minimum as you were selling it.   But then hindsight is great the deloran outside will take you back to the day before.....

Muttleythefrog

Let us know what happens.... assuming the best option is cancel claim.

Northern_Wanderer

born_again said:

Just click cancel claim.

Then wait & see if they come knocking on the door (figure of speech) asking for your financial details. For the period prior to the closure. 

Judging from other posts, the OP will have left the country before that knock on the door happens. 

[Deleted User]

Muttleythefrog said:

Let us know what happens.... assuming the best option is cancel claim.

Yeah, will update the progress. I will just call them in morning. Probably get a bit more clarity that way, instead of all the grey area stuff.  

Grumpy_chap

Newcad said:

[Deleted User] said:

I just cleared a cheque with my bank after a inherited house finally sold. It wasn't in my name during the whole FOR SALE process, probate was granted  a year ago, and now my savings are above the 16K limit for UC.  Before this my savings were in the 3k range for quite a while......

  Im really not interested in disclosing all my financial details, the empty house, the will, etc.  I have too much liquid assets and basically want to shut it down without them asking this and that.  The house was not an easy sell because of the construction type so it drag

Appreciate any feedback

Any feedback?

You are basically admitting there  that you have been "hiding" possible assets and as such your UC claim may be fraudulent. (And now you hope to 'run away' without the DWP finding out).

What do you want or expect anyone to say differently?

You might be alright and be within benefit rules; but - without a thorough evaluation of those assets and your answer about 'this and that' - nobody could possibly say.

The devil may be in the detail of the exact wording of the Will as to whether the OP was hiding assets.
If the Will said that the OP inherited the property / share of the property, then the property should probably have been declared as soon as probate was granted.
If the Will said the property is to be sold and the proceeds / share of proceeds from the sale pass to the OP, then the OP has not delayed anything.