Have a client who had to move out of a jointly owned property into an adapted flat for severe disability reasons.

Can anyone tell me how her beneficial interest in the former home should be assessed as for HB/CTB purposes?

If it is her share of open market value - can this be considered nil if co-owner does not wish to sell?

Assuming they do not have "passported" entitlement and the value of the property cannot be disregarded; for Hb and Ctb La's are required to have the property (or the claimants interest) valued.

We do this using a form (La1, held by the La) where the details are gathered before a request for a valuation is made.

Any valuation should take account of the availability or sellability of any capital asset.

See Stack v Dowden (HL) 2007-05-17

http://www.lawreports.co.uk/WLRD/2007/HLPC/apr0.2.htm

Note: some conveyances and all first dispositions of land since 1997 (Land Registration Rules) must have a declaration on the Land Registration forms as to the intention of the parties whether to take the beneficial interest as joint tenants or tenants in common.

For HB/CTB/IS the position is confirmed in Secretary of State for the DWP v Hourigan (CA) 2003.

Thanks for the replies though I find the joint tenant / tenantin common issue a bit complicated. However I may have found a simpler solution.

The joint owner was a (same sex) partner to my client. Does Schedule 6 para 4(b) make the capital disregarded?

Does this reg apply to same sex partnerships?

Yes.

thanks again