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Top Other benefits topic #1868

Subject: "Capital Rules " First topic | Last topic
adviceshop
                              

information and advice officer, West Lothian Council Advice Shop, Bathgate
Member since
23rd Nov 2005

Capital Rules
Wed 16-Jul-08 02:45 PM

Hi,

Looking for some help with one of my clients. She has her own tenancy, pays a mortgage and is seen as a single claimant for benefit purposes as her husband is in a care home permanently (suffers from Alzeimers).

If she doesnt get help with her mortgage costs she is going to sell her house and is thinking of moving into sheltered housing. I have been advising her on capital limits for PC,HB/CTB but wasnt sure whether any capital she makes from the house would be taken into account fully or halved as its a joint tenancy between her and her husband?

any help appreciated.

thanks Saima

  

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Replies to this topic
RE: Capital Rules , bensup, 17th Jul 2008, #1
RE: Capital Rules , adviceshop, 17th Jul 2008, #2
RE: Capital Rules , mike shermer, 17th Jul 2008, #3
RE: Capital Rules , bensup, 17th Jul 2008, #4
      RE: Capital Rules , adviceshop, 18th Jul 2008, #5

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Capital Rules
Thu 17-Jul-08 11:07 AM

I'm a little confused by your opening where you say she has her own tenancy and also pays a mortgage.

Does she live in rented accomodation already and pays the mortgage on a property she owns jointly with her Husband?

  

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adviceshop
                              

information and advice officer, West Lothian Council Advice Shop, Bathgate
Member since
23rd Nov 2005

RE: Capital Rules
Thu 17-Jul-08 11:14 AM

sorry i was typing fast! She doesnt rent - she has a mortgage for the house she lives in which is joint with her husband.

thanks

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Capital Rules
Thu 17-Jul-08 12:27 PM



Why would she not get help with her mortgage? have you done an entitlement calc for Pension credit, taking in the mortgage interest?

She is joint owner of the property with her husband - I assume she has power of attorney because her husband won't be able/allowed to sign. If it were to be sold, then half of the equity realised would be his, and used to pay for his permanent care. Because she would have the other 50%, she would possibly have to pay full rent & CT in sheltered accomodation.

  

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bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Capital Rules
Thu 17-Jul-08 01:38 PM

Don't forget that there is no "capital limit" for PC. Capital for PC is purely based on the tariff income arising from it.

  

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adviceshop
                              

information and advice officer, West Lothian Council Advice Shop, Bathgate
Member since
23rd Nov 2005

RE: Capital Rules
Fri 18-Jul-08 07:45 AM

sorry i should have been clearer in my first email - she might not be entitled to help with her mortgage interest as she has remortgaged her house. they did this so they could carry out repairs/decoration to the home as it is very old and been in their family for a long time. the clients husband used to look after their affairs and due to his alzeimers threw most of their stuff out including any receipts for work they had done.

Ive spoken to the pension service who had asked for a letter to be provided detailing the work/costs as best they can and they will take this into consideration but i dont know how successful this will be.

The family had asked me if it came to the worst and they had to sell the house and my client had to move into sheltered housing how would it affect her bens which is where my original query came from.

hope this clears up the gaps.

thanks

  

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