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housing benifit

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nvqwomen | 21:19 Thu 08th May 2008 | Law
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my farther inlaw is thinking of renting a flat, he invested 120.0000 in a house, now he only has his pension credits to live on, he said he could claim housing benifit, i said that while he has a investment he wouldnt beable to claim any housing benifit, am i wright or wrong.
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I hope you are wrong, if he has �120K invested elsewhere he shouldn't be able to claim a penny hopefully. Otherwise everybody would be investing their dosh and expecting the tax payers to pay their housing costs.
Question Author
Thanks for your quick responce, thats what i told my father inlaw, and i agree with you.thanks once again.i will certainly tell him.
I've just checked, housing benefit has been replaced by LHA and you can't claim if you have savings over �16,000. which he does.

Are you telling me he gets no income from his investment of �120,000?
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my father inlaw invested 120k to help his daughter to buy a house she got a morgage for the rest, he claims pension credits, now thinking of renting a flat, but because all his money has been invested in his daughter house, he thinks he can claim housing and council tax benift, i did tell him, he is well out of order and i think he will not beable to.
He won't be entitled to housing benefit or any other means tested benefit.

Investments are made with an intention of making a profit- what exactly are the arrangements here? How does he hope to get his investment back?

The claim forms ask if the property he is living in is his only property - he cannot truthfully say yes.

Question Author
my father inlaw invested the 120k and moved in with his daughter, but now he wants to move out and have a flat of his own, but told his daughter not to worry,as she dont have to sell up she can keep the 120k as a gift.i think hes totally mad,he just thinks he can get a flat claim benefits,i will be seeing him later,and also speaking to his daughter,bout this matter.
Gifting won't work - it will be seen as 'wasting assets' or deliberately disposing of assets.

The authorities are well aware of all these tactics and are very careful with taxpayers money.
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thanks everyone for your replys, his daughter phoned the benefit office and explained everythink, and she was told that he wouldnt be allowed any help, we are going to have a family meeting sunday.but thankyou to all that replyed.
They will know he has disposed of a large amount of money and he will be though of as having notional capital. This should be effecting his pension credit also. I think that your father in law needs to go and see citizens advice as soon as possible. He may find himself with a lot of money to refund soon.

Also, if this happens and your father is unable to pay the money back the local authority can recover any of the money from the person to who the money/asset was transferred to. Even your sister in law isn't safe.
I do a little volunteering with Shelter and Age Concern, I only really deal with the basic stuff and enquiries but both of these charities will gladly help you figure out what you should be doing.

Question Author
do you mean my father inlaw shouldnt be claiming pension credits at all, he was on jobs seekers allowance then when he sold his house thats when he gave his daughter the 120k and she got a morgage for the rest, he moved in with her then in the last 6 monthes he was transfered over to pension credits and been on it ever since, he is in 63years old, we are having a family meeting on sunday, but even if we convince him to say with his daughter, is he still allowed to claim pension credits.
Pension credits are based on income, and for all purposes with 120,000 investment he should be getting nothing! Real;ly you need to go and see citizens advice. Worst case scenario, dad cant get help finding somewhere to live, has to pay back his pension credits so far and sister has to sell house to pay back your dad overclaiming. Inform them now, and they are likely to be kinder about it.

As soon as people find out about that money he gave her, he falls into notional capital.
Just noted that he is living in the house his money is tied up in. That should be fine for pension credits but not for renting a flat.
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thankyou so much, for your information, im so worried for him, but what i dont understand is why when he sold his house that job seekers allowance and pension credits didnt pick up on the sale of his house, what on earth has he done.
The job centre or Pension Service wont know of any personal changes in circumstances eg selling property unless you tell them before or after the event - no-one is clairvoyant
For the period while he claimed JSA he will have to inform the JCP that he sold his house and gave away the money so they can make any appropriate determination of the disposal of capital .
Inform the pension Service that he lives in the property that he has invested in- as they will tell him if this affects any assessed income period awards.
If he then moves into rented accommodation the housing benefit will have to looked at by the local authority and he must tell them of the money he gave away as they ask about it in the claim forms

Tell him to get ringing as the penalties can be severe
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when my father inlaw owned his house he still had a morgage and he was claiming job seekers allowance so they new he owned the house, but when he sold the house the morgage he owned was paid off, then he gave his daughter 120k and still left him with over 27k in his own bank, so what i dont understand is when he moved in with his daughter, he told the job seekers allowance his new address, so wouldnt they have ask him them whats happened to the money he received.or has my father inlaw pulled a fast one. i am so so worried, if need be i will phone the pension credits up to get this stopped wright here and now.before he gets himself further trouble. thankyou everybody for all the advice iv been given.
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just to say. he started off on job seekers allowance then tranfered to penion credits

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