New ESA claim: Joint Ownership details

A friend is separated from her husband and living apart from him in private rented accommodation while her husband continues to live in and pay all the rent/mortgage/bills on their jointly owned shared housing accommodation.

Under the Joint Ownership or Share details section of the ESA customer statement she has been asked to give missing information relating to the following:

- Are other owners willing and able to buy share?

- Are other owners willing to sell property?

She is concerned about how she answers these questions.

What effect, if any, will her answers have on her claim? And what effect, if any, will her answers have on her husband's wish to continue living and paying for all the costs in their jointly owned home?

In principle, her husband probably could buy her share or even sell. But he'd prefer to avoid the cost and hassle if possible.

Any advice very much appreciated. (Apologies if this has been asked before, but I couldn't find anything using the forum search.)

If she is on means-tested benefits, any capital she has other than the house she lives in will normally be taken into account, so if her share in the equity of the jointly-owned home is more than £16000, she will not get any means-tested benefits.

There is an exception to this for up to six months whilst a house is sold.

I have explored this matter in some detail for a client and could find no other exception, but maybe one of my fellow mods knows of a loophole.

Thanks. That's extremely helpful.

The only benefits she is currently in receipt of are HB and CTB, but her share in the equity of her jointly-owned home is much less than £16k.

Would I be right in concluding that in this case how she answers those two specific questions will not materially affect her claim or her husband's preference to continue living in their jointly-owned home?

If her share is less than £16000, then it may still affect means-tested benefits.

The way that it is calculated is this. She is allowed to have £6000 in capital. After that, for every £250 (or £500 if she is over 60) one pound is deducted per week from her ESA if it is income based.

Provided that she is in receipt of ESA(IR) she will get HB and CTB regardless of her capital, but if she earns enough to wipe out her ESA, her capital will affect her HB and CTB.

I am sorry that this is not good news.

However, I am interested by the second question asked, as it implies that the DWP would make an exception. I just don't know of any authority for this.

I suppose the honest answer to the two questions is 'No' the husband is not willing to buy her share or sell the property at this time.

I'll let you know how it goes!

Many thanks for your quick and helpful replies