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My client has recently had her IS stopped because she jointly owns a property with her abusive ex partner, who is still living there. My client does not want to ask the ex to sell the house.
The DWP has estimated her 50% share in the property to be £25,000, hence taking her above income support levels for capital. However the client moved out of the house soon after they bought it, and has never paid anything towards the mortgage or any of the bills. These have always been paid by the ex. I therefore think that in due course the solicitor for the ex would reasonably argue that my client is not entitled to a 50% share because she has made no contribution to the house.
I am pursuing this avenue, but have it at the back of my mind that it can be possible for the DWP to exercise some discretion as to whether they ignore some, or even all, of the value of a jointly owned property. The client has mental health problems and alcohol abuse problems, and is generally given to making very poor decisions, including the original decision to buy this property, which she had been previously renting alone, and was heavily encouraged to buy by the council or whoever.
Can anyone think of anything that can help me with the appeal against the decision that she has all this capital. I have looked in CPAG and the relevant regs, but can't find anything about the DWP being able to exercise discretion in some circumstances.
Many thanks
Chris.
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