Discretionary disregard

[opaline]

Hi, does anyone have any experience of 'discretionary disregard' regarding property being sold? x

 

[Kevinl]

There are a set of rules about what must be a disregard with regard to people living in the house, if you put "disregard" in the search box you'll probably be able to find someone in a similar set of circumstances to you it has been discussed extensively.
These are definite disregards but the discretionary are exactly that, so without knowing a little more it's difficult to say. You'd have to find someone in a similar situation and even then councils may take a different view so you may have a fight on your hands.
K

 

[Pete R]

Hi, does anyone have any experience of 'discretionary disregard' regarding property being sold? x

I am in the middle of a protracted battle with my LA over Discretionary Disregard and as it stands at the moment that after 11 years of caring for my Mom they will make me homeless.

If you don't want to post all of your circumstances on here, I got some stick off some, drop me a PM and I will try to help.

 

[opaline]

Thanks for replies, it's quite straightforward, I have never left home and neither has my daughter (25), we have both lived with my mum all our lives. She owns her house outright and is now in hospital awaiting a care home, x

 

[Kevinl]

Thanks for replies, it's quite straightforward, I have never left home and neither has my daughter (25), we have both lived with my mum all our lives. She owns her house outright and is now in hospital awaiting a care home, x

If selling the house makes 2 people homeless (and therefore the council would have to re-home you) isn't that likely, even if you're under 60 and neither of you have any medical conditions the simple facts you have been caring for your mum, you have no other home and you will be made homeless should be enough to get a disregard in my view.
K

 

[Pete R]

Thanks for replies, it's quite straightforward, I have never left home and neither has my daughter (25), we have both lived with my mum all our lives. She owns her house outright and is now in hospital awaiting a care home, x

As long as long your Mum is happy that you continue staying there you should be fine.

The new care Act "seems" to have softened its approach a little but who knows what LA's will do? This is the new example set out in the guidance notes.........

Example of local authority discretion to apply a property disregard:

Jayne has the early signs of dementia but wishes to continue living in her own home. She is not assessed as having eligible needs, but would benefit from some occasional support. Her best friend Penny gives up her own home to move in with Jayne. At this point, there is no suggestion that Jayne may need residential care.

After 5 years Jayne’s dementia has reached the point where she needs a far greater level of care and support and following an assessment it is agreed her needs would best be met in a care home. On moving into the care home, the local authority uses its discretion to apply the property disregard as this has now become Penny’s main or only home.

 

[opaline]

Fingers crossed, x