UC claim refused - what next?

[Helpmysis]

My sister has very bravely fled a DV relationship with her 3 children.
She came to live with me initially and then we managed to sort them out a rental property which they have now all moved into.
She made a claim for UC but It’s been refused on the basis that she has capital in a property even though they make no profit from it, it’s inhabitable (was meant to be a restoration project but never got finished for various reasons), plus it would be unsafe to live with him.
What can I do to help her? I’ve read about there being a disregard if the property is listed for sale but her ex will refuse to do that.

She’s already spoken to citizens advice, fully explained her situation and they said she wouldn’t be eligible for universal credit.

Who did she talk to? Local office or help to claim? She should contact them again and ask the adviser to consult a supervisor and if necessary seek further advice from the expert advice team, as PP said.

I'm a supervisor and I don't think it's as simple as saying she's not eligible.

I’m not sure, do you think they’d speak to me about it on her behalf as she’s not really in the right place mentally at the moment to advocate for herself?

Yes - ideally you would be physically with her when you call them, so that she can give verbal consent over the phone for you to talk on her behalf. Otherwise, if that's not possible, what I usually do is email a consent form - she would need to complete and sign a form confirming she consents for you to act on her behalf.

Also, I know she's already tried a lot of helplines, but this one might be helpful too:
https://survivingeconomicabuse.org/what-we-do/financial-support-line/

I don't know if she/you managed to call Rights of Women, but if not, you should try them. I think your sister should be eligible for legal aid and if the application is rejected because of this capital (that she can't access), she can appeal it.
See https://rightsofwomenincorporated.eu.rit.org.uk/Handlers/Download.ashx?IDMF=bb643d24-a5e0-410c-9d5a-9a26b4e79f81

There is something called a "statutory charge" whereby she would repay the legal fees if she got anything in the settlement. See https://rightsofwomenincorporated.eu.rit.org.uk/a-guide-to-family-law-legal-aid

If she has not yet done so she should contact Civil Legal Aid. See https://www.gov.uk/civil-legal-advice

To be clear, this issue is benefit specialist territory and your sister would be advised to get support from her local citizens advice to challenge the decision. However, to reassure you that it will be possible to challenge it, this discussion on the finer points might be helpful: https://www.rightsnet.org.uk/forums/viewthread/18556/

I'd urge the OP to have a look at the Rightsnet thread mentioned by @AnotherEmma.

Elliott Kent's post on there is clear and sharp and as a user of Rightsnet I can say that Elliott knows his stuff.

I just wanted to update this thread and say thanks to all who offered their advice and support. We found out on Christmas Eve that my sisters second universal credit claim (where we mentioned all the reasons listed for capital disregard) had been approved. 😀

That's brilliant news

Ah, that's brilliant news! Thanks so much for updating us

Woo hoo. That's what I'd have suspected. I'm very disappointed that her local Citizens Advice told her she'd no case. I know she's got bigger fish to fry but she ought to follow that up.