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Inheritance and Student Loan Repayments

Hello. The internet, including this Forum, advises that students can receive inheritance without it affecting their loan as such money is not regarded as earned income for loan repayment purposes. I have a disabled son who has an outstanding student loan of currently £30k not due to be written off until 2039 but is unlikely ever to work again and pay it off.

I am anxious to ensure with 100% certainty that the inheritance I leave him will not be taken for payment of the student loan so 3 months ago I wrote to HMRC and Student Loans so that I could get confirmation of the position from an official source.

HMRC have neither acknowledged nor replied but Student Loans have replied

" Some customers may ask if inheritance they receive will be subject to student loan repayments. If the customer was Self Assessed then any monies over £3,000 would have to be declared as income. Whether this is eligible for student loan deductions would depend on how the Self Assessment Tax Return was completed. If it was down as Trusts and Beneficiaries then this would be eligible to be counted. For any further enquiries regarding this the customer should contact HMRC".

My son is in the Self Assessed category and my savings are held in Trust for my son so what Student Loans have said now concerns me and I feel I need to investigate this further. At some point I might have to ring HMRC but before I do I would like to ask if anyone on this Forum can point me in the direction of any official documents such as legislation, HMRC advice notes that might help me research and clarify things.

Any help would be appreciated.

Thankyou.

Comments

  • teaselMay
    teaselMay Posts: 727 Forumite
    500 Posts First Anniversary Name Dropper

    There is a mechanism to have the loan written off if he's permanently unfit to work

    https://www.gov.uk/guidance/student-loan-cancellation-permanently-unfit-to-work

  • Keep_pedalling
    Keep_pedalling Posts: 22,800 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Regardless of the student loan issue it might be wise to leave any inheritance to you son in trust rather than an absolute bequest. Unlike most discretionary trusts those for disabled beneficiaries are treated more favourably for tax purposes.

  • norm27
    norm27 Posts: 31 Forumite
    Fourth Anniversary 10 Posts

    Thanks for taking the time to reply with this info. I'll keep investigating.

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