pension credit and joint ownership

correspondentuk

Any advice on the Catch 22 situation that you are denied pension/savings credit and therefore also housing benefit because of joint ownership of a former matrimonial home lived in by estranged spouse. The property is taken as asset even though the money cannot be realised until it is sold but is counted as money you supposed to live on even though it does not exist. The issue is forcing me to become homeless as I am unable to pay for my rented accommodation as it will be months and months and perhaps over a year and more before the property is resolved and sold.

pmlindyloo

Could I ask why it is taking so long for the property to be sold?

pmlindyloo

I have to go off line now but just wondered if the following may help you.

I believe that you could appeal this decision not to award pension credit etc because that decision was made based on the value of the property if it was sold.

The question to ask them (Pension Credit) is : what value does an assumed share of the house actually have, given the potential difficulties of selling it if the partner refuses to co-operate? Who would buy it subject to her rights?

I would advise you to visit CAB ( You will need one with a welfare and benefits specialist) and see what they say about this approach.

This was advice given by a welfare and benefits specialist on another forum.

It makes sense to me that it cannot be assumed that you have a share of the value of the house because of the difficulties in selling it and the question of who would buy it if your ex. was disputing the share of its value.

Hope you understand that!

This may be hopelessly wrong in your case but can't wait for your answer so will leave you in the capable hands of other members!