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Capital Disregard
Hi,
We have a client who was enjoying a disregard on a property she has never lived in, it was her intention to move in, but needed extensive repairs and the Tribunal accepted that was reasonable to extend the 26 weeks.
Client has not been able to move in, and has sold the property and will be moving to a house using the proceeds of sale.
Can she enjoy a further disregard of the capital as she has taken steps to secure i.e. solicitor involved and completion due by the middle of August.
It seems that she can argue this applies
4 (b)the person is taking steps to obtain possession and has commenced those steps within the past 6 months
https://www.legislation.gov.uk/uksi/2013/376/schedule/10
Does that make sense? Something in my mind seems to think it is too good to be true, she has £256,000.00 held by the solicitor
Many thanks in advance.
The disregard under para 4(b) applies only to ‘premises’. Your client does not own the property at this stage, so she would need the funds, rather than the premises, to be disregarded.
This situation is more appropriately described under para 13 which relates to the disregard of proceeds from the sale of one home and which are to be spent on another. If she had resided in the property which is being sold, that would clearly apply. The wrinkle is that because she never moved into the property, it may not be accepted that she is entitled to a disregard on the sale proceeds.
Many thanks, Elliott
That makes perfect sense
Thanks again.