stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004
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RE: claimant rents other property to son
Tue 13-Jan-09 12:27 PM |
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The capital value of the house is is disregarded only if her son is "incapacitated" given that he is under 60 (Sch 6 para 4 HB Regs). This applies equally to PC (Sch V para 4 PC Regs)
S15 of the State Pension Credit Act prescribes income that is to be taken into account for SPC. Income from capital is prescribed, but Reg 15(6) of the SPC Regs reads:
(6) For the purposes of section 15(2), a claimant’s capital, other than capital disregarded under Schedule V, shall be deemed to yield a weekly income–
(a) in the case of a claimant residing permanently in accommodation to which paragraph (7) applies, of £1 for each £500 in excess of £10,000 and £1 for any excess which is not a complete £500;
(b) in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.
Payments of rent as such is not prescribed in S15, but Sch 5 para 17 of the HB Regs refers to "income derived from capital disregarded under para...4 of Sch 6", so I would say that the rent in this case is clearly income derived from capital, and so for both HB and PC, the actual income is taken into account.
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