Client's income is £68.29 SRP + £15 per week rent from a property which she owns. She has been turned down for Pension Credit because she has an assumed income from the rented property of £96 per week.
It appears that the tenant is a protected tenant, and that sale value of house might therefore be fairly low - and a rent increase difficult to achieve. The tenant has lived in the property all her life and is now over 80 and frail.
Client argues that income from property ought to be value of rent, not value of property - if not permanently, then at least until the property is sold - as this is her actual income.
The Pensions Service say that if the tenant was a close relative over 60, the value of the property would be disregarded. Client is not related to the tenant, but does feel a sense of responsibility towards her.
Client has requested a reconsideration.
Any suggestions on how further I can develop the argument (any case law or similar experiences?).
Thanks.
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