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meaning ‘damaged property’

Greeny
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Salford Welfare Rights (Health)

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Joined: 3 April 2017

I am looking for examples of what would be classed as a damaged property to enable my client who inherited a property several years ago move into supported accommodation and claim HB.

The property he owns is likely to be CPO’d by the local authority as it’s unsafe - leaking / damp and basically unsafe for the properties on either side of the building.

Thank you

Elliot Kent
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Shelter

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Sorry, perhaps I am missing something obvious but what’s the context or significance for the term ‘damaged property’ specifically?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Does he live in the owned property now?
Would he be intending to return there after it is repaired?
Is he in a position to pay for repairs?
If it isn’t CPO’d, will he be otherwise looking to sell it?

The possible issues with an HB claim on supported accommodation elsewhere are:

- occupation of the dwelling: you can only get HB for the place where you normally live.  There are special rules about property undergoing essential repairs which could help him in that regard, but otherwise it would be a judgement on the facts of the case whether he lives in that property or the rented one

- capital: if the dilapidated house has any significant capital value he will need to find a way of having it disregarded.  Trying to sell is one way, getting it repaired so he can move back in is another.

The word “damage” is used in one place in the HB Regs: there is a capital disregard for any sum paid to the claimant in consequence of damage to the home which is intended for repair or replacement of the home.  I don’t think CPO proceeds would come under that - it’s more aimed at insurance or loans for a specified purpose.  If the property is bought under a CPO, that is just no strings cash for him isn’t it?