Terms & Conditions

[deveron]

Hi all, looking for some opinions.

Couple living together getting council tax benefit, they spilt up in January when Mr moves out (doesnt claim benefit, as far as I know) and Mrs claims council tax benefit. Mr moves back into home in Dec when Mrs leaves the property and moves into private rented house, now Mrs & CAB would like the 26 week disregard to apply for her previous home as she has moved out. 🙄

I beleive Mr would have be entitled to the disregard had he claimed benefit due to the fact he left at date of estrangement and since that 26 week period as passed, no disregard is applicable. CAB are saying that the exemption applies from the date she leaves home(it does mention this in guidance manual) but surely common sense 👿 must apply and generally the date of estrangement would be the date someone left???

I am all for assisting people and giving benefit of doubt, but this could continue in a roundabout way with each person coming and going and looking for disregard?!?!

Sorry for rant…. 😯

[deveron]

Anyone?????

🙁 🙁 🙁

[markp]

I’ll chance a reply and await instant cross-fire!!

On looking at at para 24 of the capital schedule (old regs) it says for 26 weeks from the date the claimant ceased to occupy the home.

What you don’t say is whether Mr is there and is a lone parent. If this is the case then you’d have to disregard the capital value for as long as oit is so occupied. If he is there alone then only the 26 week rule applies.

Whether or not it is a cynical way of getting round the regs is not really material (frustrating, I know) but the regs refer to the claimant and not the partner.

Therefore I think you’d have to agree with clt and CAB on this.

Do I know what I'm doing? The jury's out on that........................

[Author]

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