Capital Gains on OPFP Means Test

D

Daretocare

Guest
I hope someone out there can help me.

I bought my house 8 years ago with a County Council. My contract contains a Claw Back clause, in short if I sell I basically have to pay them a percentage (about 21%) of the profit.

I have been made redundant and applied for OPFP, I have failed the means test due to the value in my house. This test did not take into account that I will not fully solely own my house until 2022 because of the Claw back clause.

I would be very grateful if anyone could give me any imformation relating specifically to this.

Also can anyone explain what "less disregard Rent/Mortgage/Home-loan" means?

Thanks....
 
This is from the means assessment Operational Guideance issued by the Department of Social Protection http://www.welfare.ie/EN/OperationalGuidelines/Pages/meansassess.aspx


 
Essentially the way that the clawback works is that it acts like a charge against the property, so again the value of any clawback that would be applied at this stage should be taken into account, there's at least a strong argument for it, as you don't have access to the full value of the property.
 

Thank you very much for your help...

Would anyone know where I might get a definative answer on this, as I have an appeal in a week and I would like to be prepared...

Thanks...
 
I doubt there's a definitive answer out there on it, but the Irish National Organisation of the Unemployed might be able to help 01 856 0088