Housing Benefit - Husband has to sell house

steve1500

Sister in Law with 4 year old has left her husband. Social told her that she should look for a house & she would get Housing benefit. She has found a house and on the strength of what the Social told her rented it. 4 weeks down the line they have turned round and said they will not be paying any benefit until their house is up for sale.

Question Is it common for the social to do a complete U turn& what happens if her husband refuses to agree to the house being put up for sale.

Thanks

pandaspot

Hi

As far as I am aware as long as the husband is still at the property then the value of the house is disregarded. There is no need for this property to be sold.

She had better appeal because their decision is wrong

Jowo_2

Is she a joint owner of the property?

steve1500

Yes she is the joint owner. There is possibly 60k in equity

pandaspot

From dwp site. I was incorrect unless he has children with him...sorry

Property you own but do not occupy [HB Sch 6, HB(SPC) Sch 6; CTB Sch 5, CTB(SPC) Sch 4]
The value of this property is counted as capital but you may be able to get HB/CTB even if the value of the property means that your savings are more than £16,000. This is because the value of the property may be ignored when your savings are worked out, in certain circumstances.

If the property is occupied by an elderly or disabled relative as their home, its value is not taken into account for as long as it is so occupied.

If you have recently acquired the property and you intend to occupy it as your home, its value may not be counted for 26 weeks, or for a longer period if reasonable, from the date you acquired it.

If you are trying to sell the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if you are finding it difficult to sell the property.

If you are carrying out essential repairs or alterations so that you can live in the property, its value may not be counted for a period of 26 weeks from the date you first arranged for repairs to be carried out. It may not be counted for longer than this if you are finding it difficult to finish the work.

If you are taking legal action so that you can live in the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if legal action is continuing and you cannot live in the property.

If you have left the property after the breakdown of a relationship, and it is occupied by your former partner, its value may not be counted for the first 26 weeks after you left. If the property is occupied by your former partner and they are a lone parent, the property will not be counted for as long as it continues to be so occupied.

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/working-it-out/income-and-capital/

steve1500

12 year daughter in the family home with father & 4 year old son with mother in rented. So from what I have just read

If the property is occupied by your former partner and they are a lone parent, the property will not be counted for as long as it continues to be so occupied.

Which I read as, she should get HB?

pandaspot

Yeah she should get hb.

The hb assessor who assessed the claim has made a mistake. Get her to ring them tomorrow and tell them they have made a mistake.

naughtyjo

I am assuming that she is claiming income support as her child is only 4 years old?
She will have to disclose having an interest in the property and they will get het to fill in a form. They normally disregard her interest for the first 6 months and after that they will review it. If they are going through a divorce for example she will receive a cash settlement either by him buying her out or the property been sold. They can after 6 months extend the disregard for a further 6 months as long as she is trying to either sell or settle.
If her partner also has care for a child in the house he is staying in then its different but I cant see anything to suggest he is nothing but single