Has anyone got any ideas on how to progress this matter further. I have a client who is due to be released from Prison soon and has been offered accommodation to rent by his father, however my client sold this property along with his partner to his father approx 15 months ago while he was in Prison.(No idea where the proceeds went)

On checking the hb regs it would appear that he cannot claim hb as he previously owned the property within the last 5 years.

Any views or opinions would be appreciated.

The only way around this is if your client had to give up ownership of the property in order to carry on living in it. So you would need to look at why he sold it.

This "get-out" in the regs is designed for people who are in danger of being repossessed because of mortgage arrears. The DWP interpretation is that the lender has to be on the point of repossessing for this get-out to apply but it is at least arguable that things don't have to get that bad.

You might want to have a look at Findlay and Ward's commentary on Reg 7(1)(h) in 16th Edition of CPAG HB Legislation (pp 273-4).

PS - did you really mean that your client sold his partner as well as the house? (lol!)

Andy, thanks for your comments. It is my understanding on speaking to the my client's father that he was sold the property by his son and (his partner) because my client was serving a prison sentence at that particular time. I've checked Reg 7(1)(h)as you mention and it would appear this does not apply to my client.