Rayner used disabled son’s NHS compensation to buy second home
Angela Rayner used £160,000 from a trust set up to care for her disabled son to buy the £800,000 seafront flat at the centre of a sleaze inquiry.
The Deputy Prime Minister sold a 25 per cent share of her house in Ashton-under-Lyne to the trust for £162,500.
She said on Wednesday that her son, who was born prematurely, had received an award in 2020 and that a trust was then set up to look after his interests. The Telegraph understands the payout followed an 11-year legal battle waged between the Rayners and the hospital where her son was born.
Sources suggested the NHS had paid compensation following difficulties during his birth and subsequent care in 2008. Final payments can take years to be made because of the lengthy process for assessing long-term damage.
It’s unclear how much money was paid out as part of the damages claim but it was clearly sufficient for the trust to buy Ms Rayner’s share at the end of January this year. She then used the money as a deposit on the flat in Hove that she purchased in May this year, on which she now has a £650,000 mortgage.
But she paid only £30,000 in stamp duty rather than £70,000 that should have been paid in tax when purchasing a second home. Ms Rayner, having previously insisted she had paid all appropriate tax, now accepts that is an error. She is blaming that on the legal advice given to her when she bought the Hove apartment – although as Secretary of State for Housing it may be difficult for her to plead ignorance of stamp duty rules.
In a lengthy statement released on Wednesday, Ms Rayner, 45, insisted she had transferred her share of the house to her 17-year-old son’s trust to ensure he had “stability in the family home”. The trust is now understood to own 75 per cent of the house in Ashton-under-Lyne and Ms Rayner’s ex-husband the other quarter.
The Rayners set up a trust for their son in 2020 following the payout and in 2023, transferred half the ownership into the trust, then valued at £650,000.
She insisted the house at Ashton-under-Lyne, where Ms Rayner is constituency MP, remained the family home and her primary residence. “It contains the majority of my possessions and it is where I am registered for most official and financial purposes ranging from credit cards to the dentist to the electoral roll. But most importantly, it is where my children live and have gone to school and now college, and where I regularly live while caring for them,” she said.
She had sold her stake in the house and then used that to buy the Hove property. “Like many people, I used the lump sum from selling my stake in my Ashton home, which was the only property I owned and where my savings were, for the deposit on my new one. I obtained a mortgage to finance the rest,” she said.
But Ms Rayner is adamant that she had received legal advice on buying the Hove flat that she need not pay the extra stamp duty.
“When purchasing the property my understanding, on advice from lawyers, was that my circumstances meant I was liable for the standard rate of stamp duty,” she said.
Sources close to the Deputy Prime Minister claim she was given three separate pieces of legal advice from a conveyancer and two experts in trust law, all of which suggested the amount of stamp duty she paid was correct.
But the Telegraph revelations last week had prompted her to re-examine that advice and to seek out a leading tax barrister, understood to Jonathan Peacock KC. He is thought to have reported back on Monday that the extra stamp duty should, in fact, have been paid.
Sources suggested that had she waited a few months longer, until her son’s 18th birthday, she would not have owed the extra stamp duty because her ownership would have passed entirely to him.
Ms Rayner said: “I have now been advised that although I did not own any other property at the time of the purchase, the application of complex deeming provisions which relate to my son’s trust gives rise to additional stamp duty liabilities.
“I acknowledge that due to my reliance on advice from lawyers which did not properly take account of these provisions, I did not pay the appropriate stamp duty at the time of the purchase. I am working with expert lawyers and with HMRC to resolve the matter and pay what is due.
“The arrangements I have set out reflect the reality that family life is rarely straightforward, particularly when dealing with disability, divorce, and the complexities of ensuring your children’s long term security. Every decision I have made has been guided by what I believe to be in my children’s best interests.
“I deeply regret the error that has been made. I am committed to resolving this matter fully and providing the transparency that public service demands. It is for that reason I have today referred myself to the Independent Adviser on Ministerial Standards, and will provide him with my fullest cooperation and access to all the information he requires.”
