local housing allowance eligibility

apronedsamurai

Hi guys.

My mum is severely ill, and really eager for me to stay with her full-time and permanently. However, because I get severe disability premium, I would forfeit this, losing £250 a month.

I would save on utilities and bills I suppose, whittling down the £250, but still.

I wondered, if I was to rent somewhere, would I need to stay at the rented accomodation full time to continue to be eligible for severe disability premium? Or would I be able to visit my mum and stay over X number of nights per week/month, and split my time between the two properties?

Housing_Benefit_Officer

apronedsamurai wrote: »

Hi guys.

My mum is severely ill, and really eager for me to stay with her full-time and permanently. However, because I get severe disability premium, I would forfeit this, losing £250 a month.

I would save on utilities and bills I suppose, whittling down the £250, but still.

I wondered, if I was to rent somewhere, would I need to stay at the rented accomodation full time to continue to be eligible for severe disability premium? Or would I be able to visit my mum and stay over X number of nights per week/month, and split my time between the two properties?

If you are absent from your home to care for someone you can be away for 13 weeks and still get HB. You can return for a night and then be away for a further 13 weeks. Will find the legislation for you.

apronedsamurai

Hi,

Dunno if it makes any difference, but I would be renting from a private landlord, ergo, it would be LHA I would be receiving.

Thank you for your very prompt reply.

Would I need to inform council/DWP when I visited my mum?

The caring for someone, getting HB for 13 weeks, can that only be done twice? Or is it 13 weeks and then extended each time...

*very important: this is absolutely intended to ensure that my mum, who is severely demented and needs constant care (and familarity) gets it. It is absolutely NOT intended to dupe, deceive or defraud either the DWP and or the council.*

Quoting from Shelter:

"If you are absent from home again

If you return to your home for at least 24 hours, your period of absence away from your home starts again.

For example, you were in hospital for six months and were discharged, but after a week you had to go back into hospital. You can then get housing benefit for up to another 52 weeks."

Again, I am a little puzzled for this. Does that mean the person gets 2 bites of the apple, or; can it be "renewed" indefinitely?

BorisThomson

apronedsamurai wrote: »

Hi.

My mother is contemplating buying me a house.

She owns 2 properties, and we are in Scotland, and so we would be looking at 3% Stamp Duty (property is circa 90k).

However, I am concerned as to the potential capital gains liabilities that she would be liable for.

1) What if she bought the house for me, she died, and I subsequently sold the home after she died? I assume that I am liable for the CGT, given that I am the owner of the property.

2) If she bought the house, and the house was sold BEFORE she died...what would the potential CGT be?

3) I am on benefits. She suggested that I could be gifted the money, buy the house...but I figured this would nullify my benefit eligibility? Also think this might be illegal (certainly sounds rather legally questionable and so strongly discouraging from this option)

4) Finally. Is the tax free allowance allocated between CGT AND income tax...or is it one allowance for both CGT and IT

In any case, the house that my mother bought me for would be for the foreseeable future be MY main, principal home.

Thanks

Can you not live in one of mum's two properties?

How would a severely demented person have the capacity to be deciding to buy someone a house?

Are you fit to be caring for her constantly?

apronedsamurai

No, I cannot live in one of her properties.

One is a rental property which currently has a sitting tenant. The other property is her principal home, which were I move in there, would mean a reduction in my SDP eligibility.

I say demented, I use that term in the layman's sense, not as an indication of an actual medical diagnosis. Even if she DID have severe dementia, there would be statutory provisions in place of incapax.

In other words, where someone is deemed to have periods of lucidity, and on the balance of probabilities there was a legal transaction to which they were potentially beholden to, that legal transaction would not be automatically set aside/terminated by virtue of that incapacity.

Not sure what relevance that has to this issue at hand....? In any case, I am deeply uncomfortable in the extreme with her making such a big commitment both financially and emotionally; and potentially doing so for the wrong reasons. I am not a carpetbagger, nor one given to seditious exploitation.

Are you fit to be caring for her constantly?

Perhaps not. But she is my mother. And for her, I would walk until my arthritic ankle turned to dust.

Housing_Benefit_Officer

apronedsamurai wrote: »

Hi,

Dunno if it makes any difference, but I would be renting from a private landlord, ergo, it would be LHA I would be receiving.

Thank you for your very prompt reply.

Would I need to inform council/DWP when I visited my mum?

The caring for someone, getting HB for 13 weeks, can that only be done twice? Or is it 13 weeks and then extended each time...

*very important: this is absolutely intended to ensure that my mum, who is severely demented and needs constant care (and familarity) gets it. It is absolutely NOT intended to dupe, deceive or defraud either the DWP and or the council.*

Quoting from Shelter:

"If you are absent from home again

If you return to your home for at least 24 hours, your period of absence away from your home starts again.

For example, you were in hospital for six months and were discharged, but after a week you had to go back into hospital. You can then get housing benefit for up to another 52 weeks."

Again, I am a little puzzled for this. Does that mean the person gets 2 bites of the apple, or; can it be "renewed" indefinitely?

The 13 weeks starts again when you return. It is 13 weeks and is not extended. As long as you return to the property and it is your intention to return you can be absent for 13 weeks. So stay in property leave for 13 weeks return for a night and then leave for 13 weeks return for a night and then leave for 13 weeks etc etc etc....

apronedsamurai

Dullville wrote: »

Brilliant...:rotfl::rotfl::rotfl:
You are the one wasting everyone's time...

And how is that? By asking a legitimate question?

apronedsamurai

mickey54 wrote: »

. I will leave the support and care of my mother in the hands of the ACTUAL experts. Not people from the internet so puffed up with their own pomposity they now deign to offer opinions rather than fact.

Don't like the answer .. Don't post the question.

I did not ask a question about my mother's support or care regime. I did not ask for expert testimony concerning the best mechanics of it. I asked a simple question about benefits, and benefit eligibility.

It is not my fault people cannot or do not understand basic English.

kingfisherblue

Does your mother receive PIP, DLA or AA?

I may be wrong, so please check. If two adults in the same household both receive relevant disability benefits, and nobody claims Carer's Allowance for them, SDP may still be payable. I have read this somewhere (can't remember where), so I have no idea of the accuracy.

BorisThomson

apronedsamurai wrote: »

I did not ask a question about my mother's support or care regime. I did not ask for expert testimony concerning the best mechanics of it. I asked a simple question about benefits, and benefit eligibility.

It is not my fault people cannot or do not understand basic English.

But it would be your fault if you willingly put your mother at risk of significant harm.

The safety of vulnerable people is all of our responsibilities.

Please contact social services for some support.

apronedsamurai

And I repeat, the social services ARE involved in her care. I am serving in my capacity as an addendum to that care and support, not in substitution thereof.