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Capital disregard where property occupied by disabled child.
I have a client that separated from his partner 6 months ago. The property is jointly owned. His ex is living in the property with their disabled son and he does wants them to live there indefinitely. The UC regs state the value can be disregarded where a close relative has LCW or reached pension age, but no mention of children. Is there any way to get his share of the property disregarded?
Thank you
You don’t say what age the son is.
If they are an adult the son counts as a close relative and the disregard applies if the son has LCW. (UC Regs, Sch 10, para 2)
If the son is a child and the partner is still single (so living as a single parent) then a disregard applies. (UC Regs, Sch 10, para 5(b))
Sorry, it is a child and I missed para 5…Doh
Thank you