2nd property value disregard if court order specifies cannot return

Hi all,

I have a client who is due to be released from prison soon

She jointly owns a property with her mother.

A part of the release specifies she cannot return to live at the property.

She has no choice but to claim UC & rent privately on release.

My question is would UC disregard the value interest in the property?

I cant seem to find that exemption in the DRH or CPAG.

Many thanks

How old is mum?

She’s SRP age

Thanks

And one more question for the avoidance of doubt: does the mother live in the property?  If yes it is disregarded as capital under para 2 of Schedule 10 to the UC Regs (see also the definition of “close relative” in Reg 2)

Stealing my thunder much Peter…

Six yard line deflection off my shin

LOL,

Thanks guys that’s a really big help :-)

can someone answer the original question though - as I have a client in the same situation.
if the mother wasn’t pension age then ....?

LJF - 23 October 2019 01:37 PM

if the mother wasn’t pension age then ....?

There are quite a few other threads on the issue of valuing a claimant’s interest in property where there is a co-owner who doesn’t want to sell up. It didn’t arise in this case because a disregard applies whatever the answer might be.

As Elliot says it’s cropped up before, I think most recently here:

https://www.rightsnet.org.uk/forums/viewthread/14832/

There’s quite a bit of useful guidance and caselaw in that thread for you to have a look at.