Deprivation of capital

[Ringley]

Can anyone recommend a good solicitor to advise on benefits please?

My very ill friend is on UC and about to come into a moderate inheritance. She'd like to discuss her options.

The system is far too lenient already. Of course people would rather claim benefits and keep their own cash.

Completely this.

Vulnerable people are tossed around in a system and have no control.

She's anxious about what might happen, what will happen and what could happen. She wants to be fully informed before the inheritance lands with her.

She already doesn't claim the PIP she's entitled to as the stress of the application process is too much for her. She chooses less money in order to keep her peace of mind and her minimal energy levels stable.

Last time she sought information from the DWP, they froze her benefits, as they misheard/misunderstood what she said. That took more time to resolve than it should have done, and expended energy she doesn't have to spare. It knocked her out of kilter for about 6 months.

For an error.
6 months of her life gone.

If you've never had to rely on benefits, hear that.

As no one here can answer my question, I'll be dipping out now.

With all due respect I tried to point you in the direction of benefits advice with a qualified adviser and explained the capital rules. I have been a WBA for well over a decade and there really is a clear way of dealing with this. Declaration, evidence. If the claimant has an online journal that is where the declaration is made and will be followed by request for evidence to be provided. A local Citizens Advice or similar organisation can provide advice- but the capital and savings rules are what they are. A solicitor just would not be where I would signpost anyone in this situation unless they had already been flagged for benefit fraud. If the claimant has no online journal a call can be made to the UC helpline. As long as claimant is present and gives consent you can support with the call. The PIP process is daunting for many. Again, there is support out there for applying and completing the form.

Has she spoken to citizens advice (sorry, only read OP's posts)? They are very good with this sort of thing & would also help her with a PIP claim.

As I said previously the claim would stay open for 6 months with zero award due to capital. If within that period the capital has dropped below £16k evidence will be requested regarding the use of the capital and a decision maker will determine if the claim can be continued. If the claim has closed as 6 assessment periods have elapsed, a new claim can be made with the same requirements for evidence of use of savings and capital.

There's very good information on this in CPAGs Welfare Rights Handbook. £40 or so from CPAG . . .

A solicitor will do nothing.

Anything over £16000 stops eligibility for universal credit.

£6000 to £15999 results ij a sliding scale of what a person will receive.

You’ve had it answered, several times over

Other than potentially suggest speaking to a benefits adviser. Which I've been trying to say. But, again, declare the money when it comes and the rules will be applied. If there are any issues seek support from, again, local advice service.

Yes. There's no mystery to this, or "options"- that is what is baffling me. There are only exceptional circumstances for capital disregards and inheriting money is not one of them.

Citizens Advice. Make an appointment for your friend. They will walk her through everything and they will also help with completing a PIP claim whether she loses her UC or not. As in they will complete the form in an appointment with her. HOpe that helps.

Citizens Advice aren’t experienced enough, you are better approaching your local authority welfare rights department who will be able to assist

My experience suggests that the DWP can excel in not looking in whats in front of them

This is a very clear example of DOA.

Are you ok with this type of fraud? Someone who may be receiving say £800 a month UC receives a £50k inheritance but ‘hides’ it so they can continue to receive their UC? Because I’m not. Benefit fraud is fraud and it costs everyone in many ways.

Of course they are!

Presumably as her ‘friend’ you can support her around these things.

Yes, they are experienced enough.....! Unbelievable amount of training and experience all over the country.

Someone asked this on a UC info group once, and the answer was that if it goes to probate then DWP would be able to link it to you. The question was asked about doing a DoV and the response was that this would be seen as intentional, therefore classed as fraud by a decision maker. To purposely not accept the inheritance would be deprivation of assets, unless perhaps there are very mitigating circumstances.

I was on income support back in the day and did a postgrad qualification, and received student finance for the fees. I didn't take any maintenance loan so didn't think I needed to inform IS. About 3 years later I got called for a compliance interview and it was because they had just received info regarding my SF. It was fine obviously as I didn't receive any money, but the advisor said that bodies were all linking up more and sharing information. This knowledge sharing has greatly increased under the UC system.

If your friend is very ill, had she applied for PIP? PIP isn't means tested so would not be affected by her inheritance.

For UC, she will be expected to support herself using her inheritance until her savings fall below £16000.