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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Question on deprivation of capital

Resolved Question:

I have recently received a gift of 100,000 pounds from my Mother who recently inherited this sum. This gift is to help me and my wife buy a house. However as my Mother is still receiving means tested benefits I was informed that this gift could be deprivation of capital, is this true? If so what would be the consequences potentially for A. My Mother B. myself legally? basically do I need to give this gift back?

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,To answer your question very simply, yes, this could be seen as a deliberate deprivation of capital on your mother's part and she should declare the fact that she received this inheritance and gifted it to you to the local authority as this is a change in her circumstances.She could lose her entitlement to be paid care home fees as she may be deemed to be having capital well in excess of the £23,250 limit due to her receipt of inheritance of £100k.As your mother may lose her entitlement to free care home fees which she may need to pay for, you may need to pay it back to her for her to pay her care fees.Your mother should make the declaration as soon as possible to the local authority as she could be prosecuted for benefit fraud otherwise. Can I help further?
Customer: replied 3 years ago.

Thank you , that is very helpful and I will look to act on that and get her to declare this. One final question, in this scenario am I liable for prosecution?

Expert:  UKSolicitorJA replied 3 years ago.
No, you are not liable for prosecution for receiving the money.

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