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JustAnswerKM, Solicitor
Category: Law
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Experience:  Court of Protection, civil litigation, divorce and inheritance
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My son is 37 and is on disability benefit and ESA because of

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My son is 37 and is on disability benefit and ESA because of his medical condition (brain cancer which causes seizures), and he is unable to work - which unfortunately is long term if not forever.
1)I am a house owner and writing my will, if he inherits half the house (with his sister) will this affect his benefits. The house is worth around £180,000. Or should I leave the house to my daughter so she affectively becomes his landlord.
2)I have to think of my son coping financially after my death, are their any additional benefits he could get or what is the best way to provide for him as I don't have savings he could live on.
3) Would my son qualify for housing benefit and help with council tax and bills?
4) What is the best way forward
Desperate mum
Submitted: 11 months ago.
Category: Law
Expert:  JustAnswerKM replied 11 months ago.
Good morning Thank you for your message, I will do my best to help. I have answered each question in turn below. 1) Yes, if your son inherits half the house and receives the funds in his bank account, it will affect his benefits. He will need to declare the sum to the Department of Works & Pensions (DWP). I believe the threshold for savings depend on the benefit. For example, if your son has more than £16,000 in savings, he will not be entitled to housing benefit. The DWP or local authority basically expect applicants to exhaust their own funds before turning to the state for financial assistance. In respect of leaving the house with your daughter, this is something you will have to think carefully about. There is no guarantee that everything will turn out how you envisage it to be. Speak to a Solicitor about this (they will also advise on the risks involved) and if you still wish to go ahead, ask them to draw up a document, ensuring that it protects your son. Have you thought about setting up a trust for your son? If you speak to a Solicitor about this, they will be able to advise you on the benefits of setting up a trust and how it can work in your situation. A trust cost money to set up, but you can have your daughter involved and set it out exactly how you want. 2) There is an exhaustive list of benefits on the official government website (www.gov.uk). I have picked out the ones that may be relevant to your son: Budgeting LoansCarer's CreditConstant Attendance AllowanceDisability premiums (Income Support)Employment and Support Allowance (ESA)Get a prescription prepayment certificateIncome SupportIndustrial Injuries Disablement BenefitJobseeker's Allowance (JSA)Mortgage Interest Run OnReduced Earnings AllowanceSupport for Mortgage Interest (SMI)Universal CreditAttendance AllowanceCarer's AllowanceCarer's CreditDisability Living Allowance (DLA) for adultsDisability premiums (Income Support)Disabled Facilities GrantsEmployment and Support Allowance (ESA)Incapacity BenefitIncome SupportIndependent Living FundPersonal Independence Payment (PIP)Reduced Earnings AllowanceSevere Disablement Allowance 3) If your son already receives benefits and his savings are below the £16,000 threshold, the DWP may award him housing benefit. There is a cap depending on the area (borough) and size of the property. Most applicants with housing benefit are entitled to a reduction with their Council tax. The DWP will assess affordability taking into account what your son already receives. It may well be that they increase his income support to pay for utilities and other expenses. It is not always clear how they arrive to their calculations. 4) The best way forward, would be to book an appointment with an adviser at your local DWP centre to have a financial assessment and they will be able to establish what your son is entitled to. Do bring along with you a list of benefits you believe may be relevant and ask the adviser about them. Some DWP centres work differently, they may advise you to contact your local social worker to carry out the assessment, so double check with them before booking the appointment. Best of luck Kind regards Krystel
JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 41
Experience: Court of Protection, civil litigation, divorce and inheritance
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Customer: replied 11 months ago.
Very good adviceThank you
Sheila
Expert:  JustAnswerKM replied 11 months ago.
Thank you I hope it all works out well Krystel

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