We have a customer who was previously on Income Support this ceased on 27/9/04 when she reached 60. There has been a delay over her Pension Credit, I telephoned DWP and was told that she co owns a property with her ex husband, she left due to fear of violence in Oct 01 went to a refuge and then was rehoused in sheltered, has been on IS ever since. Now PC are involved they will not pay her Pension Credit because of the 26 week ruling, even though the property is not likely to be put up for sale as her husband is disabled.

I understand the HB/CTB should also not be in payment this lady is only in receipt of £49.00 retirement pension. Is this correct??

Could the capital of the former matrimonial home not be ignored under para 7 of Schedule V of the State Pension Credit Regulations 2002?-see page 1238 of vol 2 of 2004 Social Security Legislation (also see pg 672 for commentary on the equivalent IS provision)

This states that capital should be disregarded should include 'Any premises where the claimant is taking reasonable steps to dispose of the whole of his interest in those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer as is reasonable in the circumstances to enable him to dispose of those premises'.

I think the argument would be that she consults a solicitor to start looking into obtaining her share of the value of the property and while this is happening this is time which is reasonable in the circumstances of the case. Although this provision may at first read that it applies to, for example a person who inherits a house and they need time to sell it and turn it into cash, i think it could apply in your case. Your client does in effect own premises and the issue of who is entitled to what regarding her ex husband is part of her taking steps to aquire of the value of her interest and 'dispose of those premises'.

I guess that this disregard could apply indefinitely as long as reasonable steps have been taken by your client to obtain her interest. So, if you got legal opinion that there was no chance of a court ordering the ex husband to sell then this may be enough.

A similar disregard applies and HB/CTB so this should be ok as well.

I think you should show that a solicitor has been consulted and argue that the above disregard should apply.