Would be greatful if anyone else has come accross what appears to be be prob between reg 44 of the HB (Gen) Regs 1987 and reg 27 of the HB (Persons attained age for pension credits) 2006.

My client has an interest in the former matrimonial home still occupied by his former partner and has attained age for pension credits. Under reg 44 we should be able to argue that his interest is in effect worth nil and the local authority accept this. However the DWP have assessed his interest as being worth £45,500. The local authority claim they are bound by the new reg 27 and are bound to accept and apply the capital assessment of the Sec of State.

As a housing advisor I am not familiar with the DWP's assessment of capital and whether this should be the point of challenge or whether there is any milage arguing with the local authority that reg 44 is still applicable despite the provisions of new reg 27.

Any suggestions or pointers most welcome!!!!!!

I'm not understanding your reference to the HB (Gen) Regs 1987. They no longer apply. Do you mean Reg 51 of HB Regs 2006?

In any case I don't think the LA can depart from the DWP assessment if your client is only on Savings Credit without Guarantee Credit. The most that the LA can do is query the assessment if they think it is incorrect.

Hi Carl

Just to seek clarification. Do you mean reg 44 of the old 1987 HB Gen Regs (capital jointly held) or the new 2006 HB Gen Regs (calculation of capital)?

Reg 27 of the HB (Persons attained age for pension credits) 2006 only applies to people who have reached the age of 65 and who are not entitled to the guarantee element of Pension Credit.

Both reg 44 of both of the 2006 Regs deals with the calculation of capital and refer to the disregards in the schedules, which are more or less in the same terms. So if a disregard can apply then even if he has a beneficial interest in the home he will not have that counted as his capital.

If he cannot take advantage of a disregard then post back as the issues surrounding beneficial interests in property are complex and more facts are needed.

Regards
Paul

I think the local authority is correct. As I understand it they are indeed obliged to use the assessment provided by the DWP, and they therefore need to dispute this figure with them, rather than the Local Authority. At least this is what I remember advising people when I worked for a council, back when Pension Credit was brand new!

Certainly the 1987 regs do not apply any more!