Income Support & 2nd Property

amayeta

When my sister died I came into half the property she was living in as half the property was held in trust for me. The other half is now held in trust for her son until he is 21.
The problem is he has special needs and now lives with me.
I was getting Income Support although not a substantial amount I am also getting Carers Allowance.
The problem is the flat was not maintained and the lease is very short as my sister did not listen to me and extend it after three years of living there.
I purchased property elsewhere and was getting Income Support and Carers Allowance but now because of third parties my Income Support has been STOPPED and I am trying to surive on only the Carers Allowance.
My son and nephew get child benefit ect but things are getting tight and sometimes I end up not eating so that they do.
The council tax on this property is killing me and now that the Housing Benefit for the property where I do live has been stopped I am simply getting deeper depressed.


The assumtion seems to be that if you own a second property then you have savings and thus do not need assistance. My nephew is 19 and needs constant support and I am having to teach him basic things and he has seigures which makes it even more difficult.


He has told his excutors that he does not want to seel the property and after thinking about it my own son who is a lot younger may not be able to get on the proprty ladder if I do.


Do I have a case to ask for help?
Many thanks in advance.

bebewoo

So the second property is empty?
Can you rent it out to somebody, then they would pay the council tax.

wiltsguy_2

what an awful situation for you, your nephew may not want to sell the property but if it is causing such financial hardship that you have to go without eating to feed your son & nephew.....
i take it your paying the full council tax on 1/2 the property?

If it was me i would sell, and put the money in a trust for my son so he could get on the property ladder

rogerblack

amayeta wrote: »

When my sister died I came into half the property she was living in as half the property was held in trust for me. The other half is now held in trust for her son until he is 21.

The question for IS is - what is the value of the share in the property you are not living in.
If it is actually held in trust for him until he's 21 - and not possible to sell it, it may be zero.
It is most certainly incorrect to assess it as - say - half market value.
Appeal the decision to end the IS on the grounds that the current value is zero, as it cannot be sold with one unwilling seller owning half the property, and that the courts are very unlikely to sanction proceedings to remove his ownership of the property if he is substantially disabled.

xylophone

Does the son have capacity to make decisions about his financial affairs?

What kind of trust has been created by the will? Who are the Trustees/executors?

With a short lease the property is a depreciating asset?

The OP's rights are equal to those of her nephew.

She needs legal advice?

amayeta

Thank you so much for everyones reply.
I have been trying to get some advise from the CAB but luck is not on my side. So as my nephew is about to turn 20 Child Benefit is about to STOP as is Child Tax Credit... We R F..ked! I am have got in touch with the Freeholder who is willing to talk about extending the lease or for me to some how buy half of the Freehold this would allow me to convert the loft I'd have to get a grant or a interest free loan from the council. So much to think about.Sleepless nights are now becoming the norm and falling asleep on the bus is just as bad :-(

bloolagoon

Your nephew can claim benefits in his own right.

Mojisola

amayeta wrote: »

this would allow me to convert the loft I'd have to get a grant or a interest free loan from the council.

I don't think this is likely.

benniebert

Mojisola wrote: »

I don't think this is likely.

I don't too. If it is there would be a queue of people twice round the council building looking to get hold of this money.


Like everybody else, the property may need to be mortgaged to release the capital needed.


If on the other hand this money IS available, let me know - I would love £50,000 of it to double the value to £600,000 of our home!

amayeta

There are grants available to people on a low income like myself but the Council are not rolling in money benniebert and def not for the sum of £50'000.

Grants are small and only to help bring properties up to The Decent Housing level and it's very much like the Lottery ....applications does not guarantee success but I have to do something.