Mortgage Help - SMI ?

[Deb T]

What is the criteria for climing SMI as in what or where can I find the rules/regulations on a claim?

 

Person has been on IB soon to be ESA for a number of years, 2008 I think. At the time of making a claim they were not able to claim for help with the mortgage because for whatever reason they were barred/didn't meet the criteria/ disallowed.

 

They've met their mortgage payments for the past 4 years with no help from the DWP and it's been a tough hit every month.

 

Have the rules change or are they still in place and much the same as what they were almost 5 years ago?

 

Where can the reaons for disallowing a claim for SMI be found?

[debt4get]

try here http://www.turn2us.org.uk/information__resources/benefits/housing_costs/homeowner_housing_costs_help.aspx

[Deb T]

try here http://www.turn2us.org.uk/information__resources/benefits/housing_costs/homeowner_housing_costs_help.aspx

 

 

Hi, thanks for the link, however it's the criteria set for making the claim I'm looking for as in what bars/disallows you from making a SMI, for one reason or another they were told they could not claim for SMI due to whatever reason, at the time of being told they looked up

to see if this is correct and apparently it was but now roll on 4 years they wanted to see if anything had changed/guidelines updated etc.

 

There are specific rules for claming SMI, just can't find where they are.

[Nystagmite]

https://www.gov.uk/support-for-mortgage-interest might be of help.

[debt4get]

i think if you could help us by giving us the reasons claim was dissallowed it may help us to help you....at the moment we can only give you the links both of which are saying roughly the same thing...you have to be claiming certain benefits etc...

[Deb T]

The reaons for the claim being disallowed have long since been forgotten .. there is a particular path you need to be able to follow to be able to make a successful claim to SMI, last outing they were barred from doing so due to not satisfying certain criteria (they were on benefits then and are on benefits now in that sense nothing has changed.) The question as to their eligibilty due to the various benefits they're on is not what I'm asking.

[debt4get]

the only thing i can suggest is to make a claim, and see what they say....there doesnt seem to be anything specific on what you are looking for except for elegibility criteria

[Deb T]

Found the answer contained within IS20 A Guide to Income Support

[Deb T]

Can anyone point me to the rules surrounding a claimant on ESA making a claim for help with mortgage interest.

 

Essentially, they have been paying the full mortgage inclusive of interest for the past 8 or 9 years,

the last 6 has been while in receipt of Incapacity Benefit and now EAS (Unfit for work) and the other partner is their registered carer.

 

For one reason or another I think they fell foul of the mortgage rules for interest payments

and so have been paying the mortgage in full ...so no help at all from the DWP.

 

Mortgage rates are looking like they're soon to be on the increase again

and as some of their benefits have suffered/reduced over the past couple of years due to the cuts

it's getting to the point where they are paying the mortgage at expense of other of their essentials.

 

The property was part of a dispute, the claimant owed the property outright but only after paying off another owner to get them out of the equation.

 

A court battled ensued resulting in three years of their lives being taken over by legal fees (approx 35k) .

 

In the end the property was transferred to the claimant (they were not on benefits at the time) .

.but at that point they were up to their eyeballs in legal fees so

 

the partner of the claimant sourced a mortgage on the property which then paid off the fees/got some remedial work sorted

and paid off other debts of which most had come about from robbing peter to pay paul when legal fees kept coming.

 

At the point of the mortgage being sourced the owner and now claimant gave their entire share to their partner (on paper and through solicitors)

 

Roll on 3 years after the mortgage was sorted and the claimant and now not an owner had an life changing accident

with the result they were incapacitated to a fair degree,

 

after a time the partner left work due to childcare and they made a joint claim.

 

At the time they were advised and did their own research (not by the DWP)

that they would not qualify for Mortgage interest and so didn't make the claim.

 

From the above is it fair to say that nothing has changed and that the rules are still just the same

(save for the introduction of two year smi on job-seekers allowance )

 

Silly thing is, if they were to move into rented accommodating they could claim towards the rent

and which would be considerably more than any current mortgage interest payment..so in theory would cost the dwp more.

 

Any advice/help/guidelines pointed to would be much appreciated.

 

Deb T

[caro]

As I understand it mortgage interest is only paid on any part of the mortgage that is for purchase of the property. So any repairs, payment of debts, legal fees etc wouldn't qualify.

 

I guess it may be worth applying but I doubt they'd get anything.

[Deb T]

I guess that is where the difficulty lies, the partner took out the mortgage ...but it was a first time mortgage, there was not one on the property and upon

signing for the mortgage the equity in it's entirety was transferred out of the one partners name and into the other. So although the claimant had the

money it wasn't a second mortgage as there wasn't one on it in the first place etc.

 

Any links to the rules/guidelines if anyone has them would be appreciated.

[dx100uk]

I sort of have the same issue

 

though I believe repairs , and thus a mortgage for that shortly after the time of purchase qualify.

 

I've been refused twice now

[caro]

I sort of have the same issue

 

though I believe repairs , and thus a mortgage for that shortly after the time of purchase qualify.

 

I've been refused twice now

 

Some repairs maybe.

 

https://www.gov.uk/support-for-mortgage-interest/overview

[Deb T]

dx --

 

- re when you applied, what info did they require from you?

 

This is over 7 years ago,

 

paperwork for that time is no long available

 

i dong think as in the claimants various details and solicitor stuff have long since hit the shredder

 

Was it an involved process

 

and when they refused you was it in timely manner or did it take a long time?

 

 

Caro: thanks for the link, I've seen that one but there is another one re what may qualify/disqualify you from assistance, I just cant find it.

[dx100uk]

2012

 

the form was the MI12 10/11

 

dx

[dx100uk]

are you sure the paperwork is not available?

I bet an sar will get all you require

 

dx

[Deb T]

I think they have the mortgage details but the solicitor papwerwork dealing with the court issues and surrounding mortgage application are long since gone I think...the broker at the time is no longer in business.

[**Margaret**]

: Deb T:

 

A recipient of incapacity benefit wouldn't have been eligible for State help with payment of a mortgage unless the award was topped up with income support. Support for mortgage interest isn't available to recipients of wholly contributions based awards of employment n support either.

 

Sorry, from what you've written I can't work out who the mortgagor is. But to be in with a chance of support for mortgage interest one of the partners needs to be in receipt of an income related benefit. Either some income related ESA claimed by the disabled partner, or a top up of income support for the carer.

 

Support for mortgage interest can only be claimed to help with interest payments on mortgages and interest payments on loans for improvements or repairs to the property. If the recipient of ESA, or partner, decides to claim support for mortgage interest the initial enquiry needs to be made to Jobcentreplus. A subject access request to the mortgagee should secure details of the mortgage and the application for it. The court where the dispute was heard should be able to source a record of the case and the outcome, even if the transcripts are no longer available.

 

Best wishes, Margaret.

 

 

 

 

[Deb T]

Thankyou for the above Margaret, sorry if what I've posted has confused you: To clarify a little better

 

Assume that the claimant/partner between them are in receipt of the benefits that allow them to at least make the claim for mortgage relief, no problem with that. It is the rules/guidelines as to what may allow/disallow a claim when making the application i.e the criteria set by the DWP when considering any claim.