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Inheritance and Universal Credit

7 replies

Blipblop46 · 04/08/2022 22:00

Hi, I'm in desperate need of advice.

I'm a beneficiary of a trust fund from my deceased aunt. I receive universal credit and the amount I'm looking to inherit will mean I am no longer eligible for this benefit. I'm hoping to use some of this inheritance to repair/replace my boiler, as I currently have no heating. My car is over 20 years old, and on its last legs, this too needs replacing.
My question is...the majority of the money would be used on these issues, so is it possible to reapply for universal credit not long after I've cancelled it? And do UC allow inherited money to be spent in this way? Any help would be gratefully received.

OP posts:
ArnoldBee · 04/08/2022 22:13

My aunt was in your position. Told them she was buying a new car and they said OK and did a calculation and in fact she still gets uc.

SequinsandStilettos · 04/08/2022 22:25

Yes, I would not cancel - I would tell them on the journal that I am inheriting £x pounds on (date) but it will be leaving my account on (date) as a new boiler and a new car are both needed and I can upload receipts for each. This will leaves with (£ ) and that I wanted to be clear what was coming in and going out as both purchases were necessary (as opposed to deliberately spending assets).

StillHappy · 04/08/2022 22:28

Until someone more expert comes along, my understanding is that the rules around deprivation of assets are a bit unclear, but “normal” expenditure is OK.

I think a new boiler is definitely OK, and a “normal” used car is too. If you bought a £50k borehole and heat pump system, solar panels and a new Range Rover you’d likely be in trouble, but if you are somewhere between the two extremes it’ll depend on the decision maker.

CornishTiger · 04/08/2022 22:29

How much is the inheritance? How much will the items cost.

Goawayangryman · 04/08/2022 22:36

On this, I'd take proper benefit adviser guidance from either a CAB or benefit advice service. They can look at the DWP decision makers' guide with you, before that money becomes yours.

mrsfollowill · 04/08/2022 22:55

If the money is in a trust fund is it possible to transfer straight from there to buy the boiler and car? Or does it have to go into your account first? DWP will be looking at if what you have done is reasonable and whether or not you have done it deliberately to continue claiming.
FWIW I used to make decisions like this when I worked in a similar field. Depravation of assets in order to claim benefits is incredibly difficult to prove- unless the claimant says 'I gave the money away/spent it so you couldn't stop my benefit' you are on tricky ground. I have had more than one person announce that though! Including an old dear who gave her £10K bingo win away to her daughter.
I attended a tribunal once and the 'judge' ( I think it was a solicitor appointed by the tribunal service) overturned a decision to disallow benefit to continue. The claimant had bought a v expensive car on receipt of an inheritance - the judge decided it was no-one's place to decide they could have bought a cheaper car that would get them from A to B and allowed benefits to continue.

Blipblop46 · 05/08/2022 03:29

Thank you so much everyone, you've all really helped.😊 I'm going to contact CAB as I'm really reluctant to disclaim the assets, which I've also been advised to do.

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