Property

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  • #39082
    traceyf
    Participant

    We have a claim from a couple who has moved into Supported accomodation. They owned their previous property which is not up for sale. Welfare Rights have advised them that we can disregard this property for up to twelve weeks as they are now receiving 24 hour care. Is this correct ?

    #110806
    Kevin D
    Participant

    Off the top of my head, I can’t think of any such provision and nothing in Sch 6 refers to such a disregard as far as I can immediately see (has there been a change to the regs?).

    I’d be inclined to ask the welfare rights bod for the relevant legal provision. I *suspect* the disregard may be in connection with care costs rather than HB and perhaps that is the source of the confusion.

    #111029
    traceyf
    Participant

    this customer has been into the office again and said the property is going to be sold to family members but they have to wait to see if they can get a mortgage. Would you still disregard the value until some agreement is made ? (most properties would be valued over £16,000)

    #111032
    Kevin D
    Participant

    It seems plain that the clmt is trying to get the property value disregarded one way or another. In principle, fine. But, given that background, I’d be asking for clear evidence from the clmt about any supposed sale and indeed of any other arrangements he subsequently throws into the mix. Until / unless credible evidence is provided, my gut is to take the value into account based on the info given so far (less 10% and then less any encumbrance).

    Also, it may well be worth pointing out to the clmt that if he sells the property at below market value and / or gives away any of the proceeds of sale, he runs the very real risk of deprivation taking effect. Bear in mind there is case law in which it has been found that clmts (and even partners!) must have regard to the long term….

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