I have a client who has purchased a home for her disabled daughter. There are 4 joint owners (tenants in common i believe).

Has anyone got any information on the flaw in the legislation in relation to the disregard of capital under the State Pension Credit act sch 5 para 4 and and the Income Support regulations sch 10 para 4?

The Pension Service say that this is to be changed following a reported decision, but I cannot find any further info.

Hi
is Rightsnet news story from 30 September relevant?
'Second properties occupied by elderly or disabled relative'

http://www.rightsnet.org.uk/cgi-bin/forwardsql/search.cgi?template2=user_details2.htm&output_number=1&news.ID=930163118174

Alban

Thanks Alban. I just wondered if anyone knew what stance the government was going to take. Have written to our MP who has taken it up with the Minister for Works and Pensions. Am awaiting reply and will post if proven to be helpful.

I also have a client who falls foul of PC act Sched 5 para 4.

I appealed on the basis that this was ultra vires and included the HB/CTB A27?2004 which was the HB circular which dealt with this issue. However, the circular only deals with the wider family issue i.e. close relative but does not deal with the issue that only "single claimants" qualify for second property disregards. The first tribunal was adjouned in order that the DWP could provide a further submission. The second tribunal was heard by the Full Time chair and was refused. However, the chair does comment on the possibility that the reg could be ultra vires. I am currently requesting leave to appeal to the Commissioner.

I have background info regarding Parliamentary questions etc. if you would like anything I could post them to you. There are too many to fax.

Thanks to all who replied to original question. However, unbeknown to the extremely talented staff at the Pension Service! this flaw was corrected on the 4th October 2004 Statutory Instrument no 2327. My clients claim has now been calculated favourably and property disregarded. Yipee!