Looking for anyone experienced in applying for a Discretionary disregard.
Elderly relative needs to move into a care home. They currently live with their daughter who gave up a career abroad to come and care for them 5 years ago. During this period the daughter has had a cancer diagnosis and was unable to work for a period. They briefly went back to work but have now given it up to care full time for relative. Dementia was not diagnosed until after the daughter returned to UK if this is relevant. Daughter is now 57 so almost meets the criteria for a disregard due to their age and also due to various health problems would have met the benefits criteria at certain times.
Relative now needs to go into a care home. Where does daughter stand in terms of a Discretionary disregard?
I feel like surely they would have a very good case but it seems very difficult to get. Any advice or tips would be most useful thank you.
Something else I am unclear on is if deferred payment is applied on the property and daughter stays living there will the mandatory disregard come in once she turns 60?
Additionally it says that incapacity benefit is included for mandatory disregard. I think this has changed to ESA which daughter may be in receipt of, I need to double check. Does anyone know if ESA is included for mandatory disregard?