Wed 27-Jan-10 10:26 AM by shawn

hello

i have a pensioner who jointly owned a property with her daughter. the daughter moved out of the city with her partner and wanted to sell the house. my client could not afford the mortgage on her own and agreed to sell. subsequently she remained in as a tenant. she used the proceed to pay the rent. recently helped her to claim pc(gc) and hb/ctb. but the hb was refused due to the 5 years rule. need help to get a round the rule,as she had good reason for the sale at present having financial difficulty.

any help/suggestioins will be most appreciated.

thanking you all in advance for your assistance,

Hi, you might want to look at DWP circular A5/2009. For the former home rule not to apply you will need to show a "degree of difficulty" for the CL not to sell their home.

It's not a case of getting round the rule, it's a case of presenting enough evidence to show the CL had to sell her home