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Top Housing Benefit & Council Tax Benefit topic #8434

Subject: "Capital decision property in negative equity" First topic | Last topic
Phil Wiley
                              

Welfare Rights Worker, Sure Start Highfeilds/Leicester City Council
Member since
01st Mar 2006

Capital decision property in negative equity
Fri 25-Sep-09 02:03 PM

I was wondering if You Guys could give me some pointers on this as im stuck.

Client lives in property A which is a joint motgaed property with her husband. Client seperates from the husband and is given council property B.

Clients husband gets into financial difficulty as has an accident at work and carne afford to pay mortgage. He rents it out to cover the mortgage payments but doesnt make any profit. Property in negative equity now with 130K motgage 12k secured and worth 100k.

Client claims HB CTB for property B which is paid for a period based on her being a student and partner on IB CTC CB.

HB recive info that cilent is working as she started part time work but didnt tell them. HB suspended investigation full disclosure about property A and debt problems negative eqity.

? does property A count as capital even though its in negetive equity?

  

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Replies to this topic
RE: Capital decision property in negative equity, Kevin D, 25th Sep 2009, #1
RE: Capital decision property in negative equity, Phil Wiley, 25th Sep 2009, #2
      RE: Capital decision property in negative equity, ariadne2, 25th Sep 2009, #3
           RE: Capital decision property in negative equity, stainsby, 28th Sep 2009, #4

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Capital decision property in negative equity
Fri 25-Sep-09 02:54 PM

does property A count as capital even though its in negetive equity?

No. Any value given to a share in a property must firstly have 10% deducted and then any "encumbrance" (including outstanding mortgage) must also be deducted.

So, if it is genuinely a case of negative equity, the value for benefit purposes will be nil.

  

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Phil Wiley
                              

Welfare Rights Worker, Sure Start Highfeilds/Leicester City Council
Member since
01st Mar 2006

RE: Capital decision property in negative equity
Fri 25-Sep-09 03:03 PM

Thanks Kevin, client will be relived as nosp proceedings.

phil

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Capital decision property in negative equity
Fri 25-Sep-09 04:45 PM

The technical answer is that it is property but has no value.

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Capital decision property in negative equity
Mon 28-Sep-09 04:17 PM

If she is separated from her husband, why is his incapacity benefit being taken into account?

  

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Top Housing Benefit & Council Tax Benefit topic #8434First topic | Last topic