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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister in law is in receipt of maximum disabiltiy benefits

Resolved Question:

My sister in law is in receipt of maximum disabiltiy benefits and supporting benefits excluding housing benefit as she has a mortgage. She is due to inherit approx £200,000 following her mother's death - from sale of house.
At what point does it actually count that she has the assets for benefit purposes and informing the benefits office?
If she pays off her mortgage with a chunk (approx £50,000) woudl this affect the amount she needed to declare she now had in savings?
What if the estate did not pay out the monies to her for a period of 2-5 years due to doing work on house to increase value at time of sale so her eventual inheritance would be higher but she would receive nothing now?
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question. She will need to declare any change of circumstance immediately to the relevant agency. Even if she pays off her mortgage, or part of it, the equity in the home is considered an asset and could impact aome benefits.DLA is not means tested so the inheritance should not impact tha benefit, however if she is on ESA - or similar benefit then that would be means tested. If you confirm what other benefits she is receiving I can let you know the position.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 10 months ago.
HiAs it could be around three years until the estate is dispersed, due to other family circumstances, it seems rather unreasonable that she should lose benefits just because she will get the additional income some time in the future rather than after probate has been obtained and the estate dispersed. After all she will not know how much is coming to her until after probate is obtained and the estate settled. Therefore I fail to see how she can possibly notify the benefits office of an accurate change in circumstance at this time.
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is Clare and I shall do my best to help you.Your sister does not have to declare the money until the estate is distributed, and she can safely pay off her mortgage with part o fit.It is however sensible on any review to mention that she has an interest in an estate which is currently being dealt withPlease ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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