Disregarded value of property

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    Does anyone know of any caselaw or guidance relating to the application and extension of the 26 week disregard for property, in sch 5 paragraph 25? I’m trying to decide how long the disregard should be applied for, and at what point to review it’s continuation.

    Any help greatly appreciated.



    I cannot remember seeing any caselaw on this.

    I think it would be extremely difficult to justify the imposition of any time limit unless an offer had been made or there is some other factor suggesting an end is in sight. – What is reasonable extra time to expect reasonable actions to bear fruit?

    I think a better approach is to expect your claimant to make further attempts to dispose of the property after 26 weeks if nothing is happening (e.g. advertise it elsewhere, drop the price etc) and make a new decision based on those efforts. “from the date he first took thsoe steps” is the key here. I would suggest that a change of the sort suggested is a new set of steps and the 26 weeks can then apply again.

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