Discussion: HB and CTr value of property , former family home

15 July 2024, 10:52 am

Diogenes
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welfare benefits, citizens advice, sherwood & newark

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I have asked about this before but not sure of any replies,
Mt client has HB and CTR appeal tribunals due soon, he moved from his family home, jointly owned with wife, TIC, she won’t sell or buy him out, he i sin sheltered LA accommodation,
the LA have a Valuation Service value which says that even though the former wife will not sell, my client’s share of teh house still has a value to an investment buyer for example .
I have see the Commissioner Decision CIS/127/93, Commissioner Mesher I think, and it seems to support my client’s case but the lA HB officer is being very very confident that we are on a loser, oh pension Credit ha snow also sasi my client has capital over £55.000 due to teh property, we may be challenging that recent decision also

Any help please let me know ASAP

Thank you

15 July 2024, 11:20 am #1

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Just to rule out the obvious, is he entitled to Guarantee Credit even with tariff income from the £55,000 included?

15 July 2024, 11:35 am #2

Diogenes
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HB
No he is not

15 July 2024, 11:44 am #3

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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I recently took a pension credit case to Tribunal

The property in question was in Sofia so there was an added complication that Bulgarian law may be an issue.

The issue did not arise in the course of the appeal.

We won but the case was remitted to the DWP to come back with a realistic valuation as the Tribunal judge could not put a valuation on the share herself and she was reluctant to say that there was no evidence of a market.

The case went to a second Tribunal but the DWP eventually caved in and conceded that they could not produce evidence of a market in the circumstances

I have attached a redacted copy of the Tribunal’s decision and the relevant extract from my submission

Hope they help

[ Edited: 16 Jul 2024 at 09:06 am by Daphne ]

File Attachments

Template_Submission_Capital_where_one_joint_owner_wont_sell.docx (File Size: 23KB - Downloads: 32)
Tribunal_Joint_Capital_202315072024.pdf (File Size: 112KB - Downloads: 8)

15 July 2024, 11:46 am #4

Diogenes
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welfare benefits, citizens advice, sherwood & newark

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Thanks Stainsby,
I was referred to NHSA but they have been on hold for ages so gave up on that ,