Disregarded property - claiming benefits

Snookie12cat
Snookie12cat Posts: 805 Forumite
500 Posts Third Anniversary Name Dropper
edited 9 August 2022 at 4:25PM in Benefits & tax credits
I have seen online that your second home is disregarded for 6 months when making a claim for benefits (providing you are taking steps to get rid of it) - is this 6 months from the date of the claim or for 6 months from the date you owned two houses?

I have a second house I am currently trying to sell but due to a fall through its taking longer than planned. My partner might be getting make redundant and we would not have enough money to live on without claiming benefits for a short time. With this in mind, I wanted to know regarding the above so I know whether we would be eligible. 

Due to just moving we are not cash rich at present so not many savings. So we are asset rich in this case, but little good that is doing us right now!

This is how the legislation reads:
H2115 Where a person is trying to dispose of premises, they can be disregarded from the calculation of that person’s capital where they are taking reasonable steps to dispose of the premises and those steps have been commenced within the last 6 months1 .

It is not clear if it gives you 6 months from marketing, or 6 months from claim?

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree that the paragraph you have quoted is ambiguous but I wouldn't worry about it too much. The important point is that the disregard is for six months but can be extended by DWP if it's reasonable so to do. Provided you can show that the sale is serious and that matters are being progressed as much as possible you should be able to disregard the extended. It will depend on a Decision Maker to make a decision. See
    H2110 In the disregards described below that specify a period of 6 months, that period may be extended where it is reasonable in the circumstances of the case.

    Is it reasonable to disregard for longer

    H2116 The DM may decide to disregard the premises for a longer period where for example the person has done all they can to sell the premises and the asking price is no more than the premises are worth.

    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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