My daughter is in support group ESA and PIP h/h. Due to possible domestic emotional abuse, she has been allocated a housing association property in January 2019. She has had to claim U.C. but so far has been refused because she has a share of the matrimonial home which is mortgages-free. I sought legal advice for her and have been advised that “Because her estranged husband is incapacitated by reason of a degenerative spinal condition affecting his neck, back, arms and legs,”. a Court would not force him to put his home up for sale”. Do you know if the DWP will accep this and allow her to claim Housing Benefit, or can they still force her to take him to Court. He still has their son living with him, although he is 21 so not sure. Thank you.
I have heard of this but I cannot find a reference but the likelihood is that this is determined on a case by case basis by the Decision Maker.
She really needs to get face to face advice from a trained welfare advisor who can act on her behalf with the DWP, get her to do an internet search for "welfare advice" with her postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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