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Top Housing Benefit & Council Tax Benefit topic #3621

Subject: "second properties - deprivation of capital?" First topic | Last topic
RayKeith
                              

Benefits Advice Consultant, Bosworth Kline
Member since
28th Jul 2006

second properties - deprivation of capital?
Fri 28-Jul-06 07:30 AM

Hi

I'm currently working for a retirement village in the Midlands and we are working on applications from elderly people who want to come and live here and working out their benefits entitlement.

I have come across a couple of cases in which the person in question has a second home which they do not want to sell. In one case, they are putting the property in trust for their daughter, and they are under the impression that this will avoid it being counted as capital towards their HB/CTB calculation. There is a certain amount of rental income from the property which will also go to the daughter. The property has only just gone into trust, it has to be in trust for 7 years before being discounted as capital, doesn't it?

The other case is a couple who have a house in Spain. They say they are not making any income from the property and that it has very little value, although as I only saw them briefly, I'm not sure why it would have such a low value.

I'm very sceptical on both cases that they would get any benefits on moving into the village, but could anyone confirm this - are there any circumstances where someone could claim HB and have a second property? I haven't turned any up in my research.

Neither couple has enough income to afford to live at the village without benefits, so it is important I let them know the score in the next day or two.

Thanks in advance, Ray.

  

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Replies to this topic
RE: second properties - deprivation of capital?, Kevin D, 28th Jul 2006, #1
RE: second properties - deprivation of capital?, RayKeith, 28th Jul 2006, #2

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: second properties - deprivation of capital?
Fri 28-Jul-06 08:11 AM

Case 1

"In one case, they are putting the property in trust for their daughter, and they are under the impression that this will avoid it being counted as capital towards their HB/CTB calculation"

In this case, based on the manner in which the information has been expressed, my view is that there is a "significant operative purpose" to obtain, or increase, HB/CTB. Therefore, it counts as notional capital (unless other disregards in Sch 6 apply).

There is no "7-year" rule for HB/CTB purposes.


Case 2

The Spanish property. Based on the information given, the value of the property will count as actual capital.


Regards


  

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RayKeith
                              

Benefits Advice Consultant, Bosworth Kline
Member since
28th Jul 2006

RE: second properties - deprivation of capital?
Fri 28-Jul-06 11:29 AM

Thanks,
I suspected this was the case.

Cheers, Ray.

  

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Top Housing Benefit & Council Tax Benefit topic #3621First topic | Last topic