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UC and inheritance abroad

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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OdinTheWise
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Joined: Thu Jul 06, 2023 2:30 pm
United Kingdom

UC and inheritance abroad

Post by OdinTheWise » Fri Jan 31, 2025 1:15 am

UC eligibility depends on having less than £16k in assets. Now, let's assume someone inherits a property abroad (EU) that is practically impossible to monetise: a flat rented to a tenant who can't be evicted (tenancy protected by local regulations), or a house that can't be sold as it was constructed partly illegally, and is in unrentable location?

Now, what the mechanism that the DWP is (or is not?) informed about such assets? Because declaring the properties to DWP would almost certainly end the claim, however the reality is that the claimant remains as poor as they were before receiving the inheritance, if not poorer due to costs.

How do these things work in practice?

Amber
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Re: UC and inheritance abroad

Post by Amber » Sun Feb 02, 2025 11:15 am

There is a legal requirement to declare capital to UC, it is up to UC to decide whether that capital has value. You can challenge the decision with a mandatory reconsideration and ultimately appeal to the tribunal if necessary.

In terms of valuing the capital, for land, the decision maker should obtain expert opinion for the market value of the deemed share. This may decide that the land has no value.
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