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JSA mortgage relief- mortgage company won't play ball


martinpar
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I've been on income based JSA for a few months. The jobcentre have given me a MI12 form which I have to fill in and send to the lender for them to fill in. Although I queried the fact that the mortgage is in my wife's name the jobcentre said that didn't matter. The lender (London Mortgage Co administered by Capstone, now renamed Acenden- hard to keep up!) sent the form back uncompleted as I am not a party to the loan. My wife returned the form and insisted they complete it, since it was not up to them to make that decision.

 

They have now returned it again and when I spoke to them today they say that they would be party to fraud if they complete the form as they would be being paid by the DWP for a claim which is not my wife's.

 

Obviously I will need to talk to the jobcentre again but I don't see why they are being so difficult when all they are being asked is to confirm the details of the loan. Surely it is up to the DWP to decide if it is valid or not?

 

How can I make them complete this form? I feel powerless here as the DWP seem to leave it up to the claimant to sort out.

 

I'd appreciate some advice as to whether I and the jobcentre are right or the lender are right. Since I don't have a lot of faith in either I'm really not sure.

 

Thanks

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You cannot have a single claim to income based JSA when you are married, unless you fail to declare that you have a wife, or are seperated and living in a seperate household.

 

If it is the latter, and you are living in the home but the mortgage is in your wife's name, DWP won't pay the mortgage interest.

 

If you are not seperated and have declared your wife, are you absolutely certain that it is a single claim? Even if it is just you that signs on, it may be a couples claim. If there is no household income or capital other than benefit, the amount you should be receiving should be £102.75 for a couple in JSA.

 

The lender is correct in that they cannot disclose details of the mortgage to DWP for the purposes of a claim in the name of a person who is not party to the loan, though I'd have thought they would give information with your wife's written authority. Although they would have to point out that you are not the borrower.

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My wife cannot claim JSA because she is over 60. I know she can claim pension credit but the office advised I was better to make the mortgage relief claim myself as the limit is higher (200K).

 

My wife obviously did give the lender written approval.

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The MI12 form needs to be completed and signed by your wife, not by you, as it is her mortgage. You may need to request another form in order to do this. Yes there is a higher limit for MI for JSA, but you have to wait 13 weeks to receive it whereas with pension credit there is no waiting period.

 

Also if you are claiming income based JSA, although it is your claim, you are also claiming for your wife.

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Thanks. Yes I understand it is for both of us. I have gone well over the 13 weeks now. They sent me the form automatically after the 13 weeks. Guess I'll have to talk to the benefits office tomorrow about what to do.

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