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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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My brother in the past has experience mental illness. As a

Customer Question

My brother in the past has experience mental illness. As a consequent he has been unable to work and is on state benefit.  My bother is in receipt of :
 
1. Income Support
2. Lower rate Incapacity Benefit
3. Disability Allowance
4. Housing Benefit
5. Council Tax
 
and lives in supported housing. He has inherited about £40,000 which is in my bank account. My sister and I are executors of our parents will and the money is the proceeds of the sale of their house.
.
We already know through the Department of Works and Pensions that once the money is passed to to him he will have to pay full rent and will lose all his Housing Benefit and would have to pay his own Council tax.
 
We understand that there is a £16,000 and £6,000 threshold before his benefit will be reassessed.
 
The questions being asked is, is there a legal way for example a (Power of Attorney) in which he can receive some of his inheritance without having to pay full Rent, pay his Council Tax, lose his Housing Benefit and possibly lose his Incapacity Benefit. 
 
I would appreciate your advice
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

I'm afraid the simple answer is that there is not. It used to be possible to set up trusts and keep benefits but the DWP are onto it now and they will say that any attempt to do this is just simple an attempt to ring fence his inheritance whilst continuing to claim benefits.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

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