Disregard capital of the claimant’s marital home

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    A husband and wife jointly own the marital home, the husband is mentally ill and social services have no residential care home for him to go to. Social services have said that they will award him income support on his own, he is getting DLA C, and have suggested that as he needs to get away from his children, that he privately rents a property and housing benefit will pay. The property he jointly owns with his wife is worth £300,00.

    The husband that wants to claim HB is 64 and his wife in the marital home is 55.

    Can he claim HB & CTB for a rented property, is the marital home classed as a relatives property, or does the capital for HB & CTB exceed £16,000.

    Any help would be appreciated

    Kevin D

    A couple of observations:

    If the husband is 64, he will be claiming Pension Credit instead of Income Support. Also, Social Services cannot award either of these benefits – only the DWP can (Pensions Service for Pension Credit).

    If the clmt gets the [u:7d7e8d10fa][b:7d7e8d10fa]guaranteed[/b:7d7e8d10fa][/u:7d7e8d10fa] element of Pension Credit, the LA must ignore the clmt’s income and capital – although this should still be fully disclosed to the LA.

    If the clmt does not get the guaranteed element of PC, but still gets the [u:7d7e8d10fa][b:7d7e8d10fa]savings credit[/b:7d7e8d10fa][/u:7d7e8d10fa] element, the LA is normally bound by the income & capital figures used by the Pensions Service (i.e. the “Assessed Income Figure”).

    If a claim has been made for savings credit element, but it was unsuccessful, the LA has a choice – it can follow the figures used by the Pension Service, or make its own decision.

    For Pension Credit only, there is no capital limit. But, if the clmt is not entitled to the guaranteed element, the normal £16,000 limit applies for HB/CTB.

    If there is no involvement of Pension Credit, the LA should simply make its own decision on capital (and income) as normal.

    If the husband and wife are maintaining genuinely separate households, he will be able to apply for HB/CTB as any other single clmt. To decide whether the former home counts as capital, you’ll need to look at [b:7d7e8d10fa]Schedule 6 of the HBRs (SPC)[/b:7d7e8d10fa].

    Hope the above helps.


    A minor point on Kevin’s reply – he’ll need to be 65 to get savings credit.

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