Friend In A Muddle Please Help

confusednorfolk

Hi im not entirely sure if this is in the correct section but seeing as i have posted before and got excellent advice i thought i would ask another question.......

I have a friend of mine who is 56 who is married to a lady with special needs he owns his own property (in his sole name on deeds ) and also is in the process of selling a house that he previously rented out. Now the man in question has hardly any money as in reciept of incapacity benefit of £239.00 per two weeks his wife gets £180.00 per two weeks.

The house that they live in is in a terrible state of repair ( i would not live there myself ) its damp has rotten windows the roof is leaking. There own bedroom is black with mold.

Im worried that he will loose his benefit when his other property is sold, so i have advised him that he should should spend his money from the house sale on making his house livable, i have even got quotes on his behalf for new windows, damp course and roof work also quotes on plastering etc.

I have read a few posts on here where people with similar problems get accused of trying a tax fiddle etc, this is 100% NOT the case in this instance, the man in question has no other money in any accounts or even under the bed !!!!!!

I would really like him to make his house livable and safe to live in for his health. But i dont want to advise him on anything that will have any problems later on.

Surely if he can 100% prove backed up with builders reciepts and even photos of the problems in his home once the money has gone he would still be entitled to claim the small amount of money he recieves ???

Thoughts please.


PS His house sale will generate him roughly £55.000 after his has paid of mortgage and solictors etc.

PPS I dont even know the amount you can legally have to still claim benefit ?? ( but i honestly dont think lookin gat the many quotes for essential work he will have a lot left if any after anyway )

Horseunderwater

Capital to get benefits paid on income related = £6k - £16k - anything over that disqualifies you.

Mojisola

confusednorfolk wrote: »

The house that they live in is in a terrible state of repair ( i would not live there myself ) its damp has rotten windows the roof is leaking. There own bedroom is black with mold.

I think work like this would be acceptable and wouldn't be counted as DOC.

The advice is that you have to have spent or given away the money with the intention of lowering your capital to the level where you can claim benefits.

With two people with extra needs living in a house as described above, the work would be essential repairs and maintenance.

I would keep all the evidence - photos of situation before, report from a builder and all the receipts.

While work is being done in the house, consider the future needs of the couple. Would replacing a bath with a low level access shower make life easier? Would a stair lift be helpful?

It could be worth seeing if there is an agency in their area aimed at helping people stay at home - try googling names like "Staying Put" or "Care and Repair". They can sometimes get grants to help towards essential work.

nannytone_2

he would be allowed to spend capital on essential repairs., and as incapacity benefeit isnt means tested, he wouldnt have to declare the capital either ( i assume his wife is on incapicity benefit too, ?)
even when the time comes for him to be transferred to ESA, he woukld still be on contributions based for 365 days before he switched to means tested ( if neither he or his wife were put into the support group)

so tell him to go ahead and make his home habitable!

[Deleted User]

do either of them claim DLA?

confusednorfolk

woodbine wrote: »

do either of them claim DLA?

His wife is on DLA i beleive does this change things ??

Many thanks to all those that have replied.

confusednorfolk

Hello any other thoughts on this please, we have spoken to a few so called fininacial advisors and rather annoyingly they have said conflicted advice !!!!!!!!!!!!!!!!!!

BigAunty

confusednorfolk wrote: »

His wife is on DLA i beleive does this change things ??

Many thanks to all those that have replied.

DLA is not means tested.

Do they receive any means tested benefits like council tax discount? What other benefits do they get? Is he worried about getting income based ESA in the future? I mean, is he getting any means tested ones that take into account capital, not all do (state pensions, DLA, some contributions based benefits I think like ESA or JSA, could be wrong on the latter, though).

To find out more about how deprivation of capital works, google the term and you should find DWP documents that they publish to help their staff understand how to apply this very complex concept, there is usually Decision Makers guides published on the internet which are there staff manuals.

DoC is about deliberately and intentionally getting rid of capital in order to qualify for benefits, such as giving lump sums to friends and so forth. There has to be an element of conscious and provable action.

Maintenance of property, decorating, purchase of furniture, even new cars, new kitchen/bathrooms, a holiday and so on, aren't considered DoC as far as I know, unless you buy a Ferrari or something daft...These are quite conventional purchases.

Look into whether you would qualify for the Warm Front scheme if that's still running, into grants for improving properties offered by the local council or if they have a DIY service, look at the grants on the Turn2us online site that has a grant checker. See Disability related websites that may have more info on how to tackle/afford home repairs.

But to be honest, 55k to overhaul a property sounds a lot! I've done up 4 properties in the past and something like 3k for professional decorating, 6k for a new roof, 3k for a new boiler, 5k for new kitchen and bathroom, 1k for new carpets is what I've spent. I know that your friend needs a damp course, new windows, and who knows, new electrics and so on, but 55k is still a massive sum to spend on refurbishing a house!

themull1

Why not move into other house and sell crappy house that he lives in now?

Dunroamin

confusednorfolk wrote: »

Hello any other thoughts on this please, we have spoken to a few so called fininacial advisors and rather annoyingly they have said conflicted advice !!!!!!!!!!!!!!!!!!

Financial advisers know very little about benefits and there's no reason why they should.

Morlock

confusednorfolk wrote: »

Now the man in question has hardly any money as in reciept of incapacity benefit of £239.00 per two weeks his wife gets £180.00 per two weeks.

Hardly any money! They get nearly double the amount of money per week that a couple claiming JSA receive.