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Disregards “limited capability for work” versus “incapacitated”

Etain
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Housing Rights

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Total Posts: 4

Joined: 2 May 2019

Hi

I wondered if anyone has experience with DWP/DfC approaches to property disregards where the property is occupied by a close relative who is unwell.

Under HB, the disregard applies if the property was home to a relative who is incapacitated.

Under UC, the phrasing is where someone has “limited capability for work”.  This seems to require that the person is either receiving relevant benefits or is receiving very specific treatments, is in hospital, is prevented from working by law due to an infectious disease, is a risk to self or others, has a life-threatening disease or is disabled and over pension credit age.

TLDR: If, hypothetically, a person returned from Spain to the UK but continues to own property in Spain in which a disabled adult child lives, would the property be disregarded by UC decision makers?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Commentary in Sweet and Maxwell says it’s arguable either that the words “limited capability for work” merely have their ordinary meaning or that it is not necessary that the relative be in receipt of any benefit or credit based on a determination as to limited capability for work.

This is because regs 38-44 only apply in determining whether a claimant has LCW, not the other person residing in the property.

Etain
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That’s really helpful. Thanks