Terms & Conditions

[Anonymous]

I have an instance where a person has claimed HB but he owns a property that his former partner occupies with their children. We have decided that we must use the capital value (or 50% of the value) as they have no intention of selling the property.

However, when looking at sched 6, I am confussed. I would like to know in what scenario we could disregard the capital value if a former partner occupies a property, without being divorced, estranged or had a relationship breakdown. The mere fact that they are a former partner would mean that the relationship had broken down.

Any thoughts???

Schedule 6 – 4(b) states: by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved

[Anonymous]

Estrangement has connotations of emotional disharmony, but you can still have contact with someone you are estranged from.

On the face of it I would say that the claimant is probably estranged from the former partner. This would not be the case for example if the couple could no longer be treated as partners because one of them had gone into a nursing home.

Dont forget though that the capital value in this case is the value of the 50% share, not 50% of the whole with vacant possesssion. In these circumstances the value of the deemed share could be next to nothing.

See (RJSA)1/02

[Mark]

From what you say they sound estranged from their former partner. But if your claimant’s ex is living in their old home with their children then you need to know whether the former partner has another partner living with them now. If so, you should disregard the value of the property for 26 weeks from the date they moved out. But if not, then the ex partner is now a lone parent and the capital value of the home is disregarded indefintiely (HB Regs Sch 6 para 25).

[Anonymous]

Thanks guys!

[Author]

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