I have a client who jointly owns her house with her husband. They are both in their 70's.

My client wants to move out of the marital home and has been offered accommodation with a HA at a sheltered scheme.

Her income would mean that she would be entitled to HB.

However, I am slightly confused as to whether the property would be permanently disregarded, under Schedule 6 reg para 4; or would be subject to a 26 week disregard under Schedule 6 para 25(1).

Can anyone please clarify?

What are the circumstances of the separation?
Are the couple estranged?
Is it because the client has a medical need for being rehoused to sheltered housing?
Is the husband incapacitated?

The couple are separating so will be estranged. Client has been offered sheltered accommodation as that is most suitable for her, there are no medical grounds for this.

As far as I know the ex-partner is not incapacitated, just in his 70's.

If they are estranged then her husband is no longer her "partner" therefore para 4 of schedule 6 cannot apply.

Thanks for the clarification!

Thu 22-Jan-09 01:08 PM by Kevin D

Para 4 of schedule 6 means the property is NOT disregarded. The provision is:

Capital to be disregarded generally:

4) Any premises occupied in whole or in part—

a) by a person who is a relative of the claimant or of his partner as his home where that person is either aged 60 or over or incapacitated;

b) by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.


Applying the facts as stated to the above provision:

- Under "a", the former partner is not a relative of the clmt.

- Under "b", there is estrangement.

It would be worth looking at pages 937 -8 CPAG Handbook.

Can disregard value of property following a marriage or relationship breakdown for 6 months and also for longer where reasonable if taking steps to dispose of the property. Depending on the facts, this could include taking steps to sell the former matrimonial home as part of a divorce or selling her interest in the home to her former partner and the lengthy and difficult negotiations which can arise in such situations.

Its possible that even though her share is not disregarded its value will be negligible because there is no active market in part shares of a home where the other owner is resident (see R(JSA)1/02 and CH/1953/2003)

Its also the case that the potential right to take proceedings to secure a property adjustment order undder the Matrimonial Causes Act is not a capital asset (R(IS)1/03)