2nd Property query

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    a huband and wife have recently seperated. huband had received a large disablement payment which is disregarded for benefits purposes and with this money he bought a house.

    The property he purchased is now in trust for the couples children (in the event of the parents death). Due to the couple splitting the husband now resides in the property.

    the children life with the mother in the formerly marital home and the husband is living in the 2nd property.

    Should the property be disregarded or treated as capital held by the children even though it is in trust.

    any ideas or suggestions would be greatly appreciated!!! 😡 😡 😡

    chris harvey

    Not sure who is the claimant in your scenario, husband or wife?
    Whichever the answer is the same – the property is disregarded. If the husband is the claimant you disregard the property he lives in. If the wife is the claimant you disregard the capital of any children or young persons in the household.


    sorry, the claimant is the ex-wife

    so we disregard the 2nd property completely. i thought that there maybe some way we can use it as capital/property that could be treated as being held by the ex-wife (as she is the parent to the ex-husbands children) or children (as their capital would be over the £3000) which could affect their premiums.



    Not any more Rob.

    April 2005 if I remember correctly

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