Advice on Mother in Laws house

paul6316

My mother in law has been in sheltered council accomodation for the last three years and has been paying full rent and full care costs for that time due to her savings. She is 75.

Last week she informed us that she had approximately £16,000 in savings left so could now claim for some benefits.

The stumbling block is that she owns a house outright with a value of about £250,000. Her son lives in the house rent free but he is disabled. He is 45.

My question is will the value of the house be ignored when the council process her claim for benefit?

Thanks in advance for your help.

pmlindyloo

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.

paul6316

Thanks for the reply, one other question though. When the council do a means test will they make an assumption that mother in law is receiving any rent from the house occupied by her son? and so add this to her income?

Fire_Fox

You would be best asking the council this.

paul6316

Ok perhaps I didn't make myself clear. Brother in law Son lives in Mother in laws hose rent free but is working even though he is disabled. Having not had any experience of a means test will the council expect the son in law to be paying a market rent and then including that rent in mother in laws income (similar to deprivation of assets I suppose). Does anybody have any experience of this?

Fire_Fox

Again ask the council. Why do you think the taxpayer ought to stump up whilst the son lives rent free anyway? Why doesn't he want to pay rent given his mother's savings are running low?

BobQ

Fire_Fox wrote: »

Again ask the council. Why do you think the taxpayer ought to stump up whilst the son lives rent free anyway? Why doesn't he want to pay rent given his mother's savings are running low?

If you cannot say anything useful, why say anything at all!

OP, They do not means test the occupant of the house only the person needing care. The house is part of your mother's assets and it is either discounted frpm her assessment or it is not. Having a close relative over 60 living in the house or a disabled person of any age is an automatic exemption.

paul6316

Fire_Fox wrote: »

Again ask the council. Why do you think the taxpayer ought to stump up whilst the son lives rent free anyway? Why doesn't he want to pay rent given his mother's savings are running low?

I plan on asking the council and I don't think that the taxpayer should pay, I think the opposite actually. Do you really think he wants to live rent free? there are other circumstances and I was just looking for some unbiased advice so if you can't give me some advice (good or bad about the question) I would prefer you keep your political views to yourself.

paul6316

BobQ wrote: »

If you cannot say anything useful, why say anything at all!

OP, They do not means test the occupant of the house only the person needing care. The house is part of your mother's assets and it is either discounted frpm her assessment or it is not. Having a close relative over 60 living in the house or a disabled person of any age is an automatic exemption.

Thanks for the useful reply the council are coming to see her on Thursday to carry out a means test so the advice will be really helpful

BobQ

rahulkalal wrote: »

This is an advice board, not necessarily a support... more. ... My mother-in-law hates me and makes no bones about it when she and I are alone. ... repeatedly ill at your in-law's house, you have become afraid for your health.

Another unhelpful, pointless and off topic observation.