I have a client not getting IS because she has moved into a flat better suited to her disabilities but her husband is still living in former marital home. They are not divorced and have an amicable relationship, seeing each other most days. The DM will not disregard the former marital home stating that they are "estranged" and quotes R(SB)2/87 as a definition of estrangement. Does anyone know of any other guidance on estrangement? or can you offer any other help or info? Cheers.

CIS/4843/2002 basically states that estrangement is not the same as separation. It refers to commissioner's comments on the nature of estrangement in R(SB) 2/87, saying he is not defining the word, and any definition by a Commissioner of an ordinary word would not be binding.

i also have a case where this is an issue, but unfortunately, i haven't managed to get hold of a copy of R (SB) 2/87. D-M is quoting Oxford dictionary decision "no longer living with spouse" which sounds the same as separation to me!

i'd be very grateful if you or anyone could fax me a copy of R (SB) 2/87. fax no 0121 327 7486

thanks
jj

A copy of R(SB) 2/87 is available via rightsnet:

http://www.rightsnet.org.uk/pdfs/R_SB_2_87.pdf

You need to check whether your client's husband has matrimonial home rights under s30 of the Family Law Act 1996. If he does then it is likely that the market value of the home will be extemely low as it may not be sellable with an occupier with matrimonial home rights. This will be a question of fact.

However, if it is decided that the couple are estranged then the value will fall to be disregarded for 26 weeks under para'25 of schedule 10 of the IS regs. Also see CIS 4843/2002 for the distinction between separation and estrangement. If not estranged then the home will be disregarded under para'4(b).