Hi i have an elderly client, on PC and High Rate DLA, both comps, lives in house with alot of land. Son is on deeds, he pays half the mortgage and client gets housing costs met by PC for her half.

She intends to sell the property and buy another with small garden, it is likely she will take out a new fresh mortgage in her sole name, will this be covered under Housing Costs rules? There is probably not enough equity in her half of property for client to buy outright.

Mon 31-Mar-08 10:50 AM by paul__moorhouse

So long as her new housing costs are no greater than those she was claiming previously she can have them paid. Para 5 (7) of Schedule 2 of SPC regs prevents her from being paid any more than she was receiving previously when the loan is taken out during a 'relevant period' (ie whilst claiming SPC).

I think from what you say that the costs will be no greater than previously. However, if they are, you may still be able to get them paid under Para 5 (10) if you can demonstrate that the new accommodation is 'more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimant'.