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 xSparksx's Recent Posts
Rank: Gold  
Score: 51
Posts: 27
From: United Kingdom
Joined: 08/06/2011
Member of: Ouch

Posted on 27/10/2011 6:17 AM

Thanks Deb. We're pretty open about it all - Mum's health has been deteriorating for a decade, and we've had many conversations about what'll happen after, when she doesn't want to go on, etc.

I think what we're now thinking is that when my grandparents die, we'll sell this house and buy a house together, with me paying my share from my inheritance, and Mum will buy another house to let out, thus escaping the need for ESA (assuming it happens before pension age - she's 55 now). We need to get some advice about both the benefits side and the estate planning side.

If Mum died before both of them, I wouldn't be able to stay here. I couldn't afford it and certainly couldn't manage to live here - I only manage now because she's here and does lots for me! But we both like the idea of buying a house together that I have a share in, if it's legally doable, and for her to also own a house to rent for income. Then when she dies the two houses would be valued, we'd work out what share I own, and I'd buy my brother out of the other half of the house. It gives me security, because it is entirely possible that I will never be well enough to work (or at least not for many years).

But yes, we need to find both legal advice and benefits advice. Thanks everyone for the help.

Posted on 26/10/2011 7:59 AM

Reply to sofie2 (26/10/2011 5:22 AM)

 I think if you're on IB, you'll be entitled to contributions based ESA..

I'd assumed I wouldn't be - having got the IB under the special rules for young people, ie never having made any NI contributions. I know they pay NI contributions on IB, but surely I wouldn't have accrued enough for C-ESA?

Posted on 26/10/2011 4:41 AM

 I won't have enough contributions for C-ESA, Sophie at least I wouldn't have thought so. I'm 24 and have been on IB (with one brief period without, while I was appealing) since I was 18.

Realistically - I should get in the support group, but chances are high I won't, and I think even if I'm put in the WRAG I may have to fight for the support group, because I would be completely incapable of attending work-related interviews and things. (right now I'm getting out of the house about once a month, and only because I absolutely have no choice, eg. hospital appointments - and this is with my mother and carers twice a day :S)

And yes, it's the 'everything else' bit that concerns me. At the moment I'm in the very fortunate position of not having to contribute to my direct payments, but if I inherited this money I'd not only lose my IB (and struggle to get onto ESA again when, inevitably, the money ran out, and would obviously then be at a lower rate than I am now), but I'd have to pay probably near enough 100% of my care. The money would run out awfully quick, and then I'd have to face reapplying for everything (unless a miracle happens and I get well - anybody interested in working any miracles today? :P)

I'm sure there is a possibility of looking into part-owned flats, but there may not be many supported-living flats like it here, at least not for young people! And then there's the other factor - that I don't want to move out because my grandparents have died. I want to be able to move out either at my own time, when it's right for both me and Mum (who wouldn't cope on her own, any more than I would), or because Mum's gone. I couldn't leave her in this house alone. And in all honesty, there's a high chance Mum will go before both my grandparents do :S

I think consulting a solicitor is probably the best way forward, which now means it's a question of finding one! Thanks all.

Posted on 25/10/2011 3:55 PM

Reply to Monic15 (25/10/2011 2:51 PM)

you asked If this future inheritance is put into a trust - ie, with conditions, whereby for example I can only use it for housing or education, does this have the same impact on benefits as if I had the money sat in a savings account?  if you inherit any money the DWP will expect you to use it to support yourself, if its put into a trust fund the DWP are likely to treat it as deprevation of capital so I'd not do this if I were you

But if I am not responsible for the trust? Obviously I couldn't put the money in a trust myself, because that would be depriving myself of capital, but if my grandparents were to choose to do this, ie as a condition of their will or something like that?

Posted on 25/10/2011 3:54 PM

Reply to Yvettea (25/10/2011 2:41 PM)

Is it possible for you to buy half on of your Mum's house?

Your Mum could then give that money to your brother as his share of her property and make you the sole heir of the other half of her house.

That way, you will already own half the house and will inherit the other half.   Your brother won't inherit a share of the house because he will already have had half the value of your Mum's house.

Also, if your Mum lives longer than seven years, the house cannot then be sold to fund her care home costs because half of it will belong to you and will be your home. 

Social Services (currently) cannot force someone to sell their home to fund a relative's care costs when that person owns a share in the house and also live in it.

However, a legal charge would be made against the half of the house your Mum owns, which Social Services would then claim back should you sell the house.

Not really - the house is worth, at a conservative estimate, about half a million pounds. £70k or so won't do much towards it! I could in theory buy a share, but I'm not sure that such a small share would be seen as me having ownership. It's a suggestion we have vaguely entertained before, but never seriously. Tbh the last time we did, I think we were all hoping I'd be continuing an upward trend in my health, rather than a downward, and thus would become financially independant at some stage. I've relapsed so far as to be almost entirely housebound now, so I don't see that happening any time soon :S

Posted on 25/10/2011 2:15 PM

This came up the other day (in one of those rambling conversations I have with my mother, prompted primarily by her working on her living will).

At some point my grandparents are going to die (they're both heading into their nineties) and when they're both gone, I stand to inherit money. Mum thinks it's about £70k, but obviously can't be sure.

Currently I'm on IB (under the young person qualifying rules - I've never been well enough to work) and DLA. At some point presumably I'll be transferred to ESA. I live at home with my mother, also disabled, and again, at some point when the time is right (either when she dies, or when the house simply becomes impossible for her to manage with her disabilities) I'll need to find somewhere to live alone, and that will almost certainly mean some sort of supported housing because my ME is severe.

I know the rules on how much you can have as savings before it starts coming off the benefits; what happens if I inherit money? It won't be enough for me to buy myself a flat, because I live in a relatively expensive area, and I'm loathe to move away, particularly while my mother is still here (although I know I will eventually have enough to buy myself a small flat, because when my mother dies, my brother and I will sell this house and split the proceeds. Yes, we've talked about this - my mother's had far too many near-death experiences not to!).

If this future inheritance is put into a trust - ie, with conditions, whereby for example I can only use it for housing or education, does this have the same impact on benefits as if I had the money sat in a savings account?

This probably makes me sound horribly greedy, like I want to have my cake and eat it. I promise I'm not!!

I thought I'd ask here because you're all terribly clever and knowledgeable :P It won't happen for several years, and of course there's always the possibility it won't happen at all (ie, if one or both of them ends up in a money-gobbling care home). But it's always better to have knowledge than not...

Thanks in advance,

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