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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9684
Experience:  I have been practising for 30 years.
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I am about to inherite £20, 000 from my mother who passed

Resolved Question:

Hi I am about to inherite £20, 000 from my mother who passed away recently. The problem is that I am living in private renting and get housing benefits to help and though I am working my wages are far from covering the full rent. To avoid fraud I have been told to notify Housing Benefits who would then stop my benefits until I reach the maximum savings allowed before claiming again. I cannot move in cheaper accomodation unless is a bedsit and the council rejected my application to them for a council flat as they didn't think I qualified to b put on the waiting list. I need to find out it there a legal way to transfer this money to my daughter account or keep some of that money without losing my housing benefits
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
The normal way of dealing with this is to do a Deed of Variation in favour of your daughter which treats the gift as though it was intended to be left to your daughter.Unfortunately, if you do that in the circumstances, the Benefits Agency/local authority can say that you have voluntarily deprived yourself of assets and therefore your benefits would be treated in exactly the same way as if you retain the assets.There is Statutory guidance on the deprivation of assets with regard to residential care but it can be used as a guide for your purposes.https://s3-eu-west-1.amazonaws.com/media.dh.gov.uk/network/497/files/2014/05/Guidance_Annex_E.pdfCan I clarify anything for you? Please don’t forget to rate the service positive. It’s an important part of the process so that experts get credit.Best wishesFES
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