A customer has been refused HB on the grounds that he is in possession of capital in excess of £16K. He lives in sheltered accom. and receives SRP and Savings pension credit.
The local authority are treating him as owning 50% of a freehold property that he owned with his ex-wife ( they divorced in summer 2004 ). His ex-wife is in residence and not willing to sell/move etc.A valuation of £20K has been placed on the property.

Could anyone out there in advice cyberspace think of any arguments ( apart from willing seller/willing buyer ) that could be used to challenge this. Any Caselaw gratefully received.

If he has a beneficial interest in the property then he would be expected to force the sale to realise his interest.

However, if his ex wife has matrimonial home rights under sections 30-33 of the Family Law Act 1996 then the market value of the house is that of a property with a sitting life tenant and may be anything from the actual value to zero. It will be a matter of fact in each case. The main question will be, is there a buyer at a particular price for a property with a sitting life tenant?

An application to the court to enforce matrimonial home rights must be made within 3 years from the date of the divorce.

Regards
Paul

Furthermore, his actual beneficial interest needs to be checked as it may not necessarily be 50%. There is case law on this but the refence eludes me at the moment.

thanks for your speedy response, will get hold of references you mentioned.

There may also be some mileage in looking at R(IS)1/03

Also R(JSA)1/02.

Either was the value of the former matrimonial home is effectively zero in my opinion

thanks for the Comm. decisions, have now got copies of these.

cheers.

If he is receiving savings credit, he is presumably over 65 and almost certain to have an assessed income period. If so, then HB should be following the capital assessment that the Pension service made in establishing his retirment provision, does this include the value of the house or not?