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2nd property value disregard if court order specifies cannot return

PhilB
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Welfare rights - Barnsley MBC

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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

Elliot Kent
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How old is mum?

PhilB
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Welfare rights - Barnsley MBC

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She’s SRP age

Thanks

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

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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)

Elliot Kent
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Stealing my thunder much Peter…

HB Anorak
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Six yard line deflection off my shin

PhilB
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LOL,

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

LJF
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Benefits caseworker - Manchester Citizens Advice Bureau

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

Elliot Kent
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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.

CHAC Adviser
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Caseworker - CHAC, Middlesbrough

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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.