Will initially depend upon whether client & partner are treated as a couple for benefit purposes or not. Unless partner has no intention of returning or they are likely to be seperated for more than 52 weeks, DWP are likely to treat them as a couple rather than 2 single people. If this is the case, client's entitlement to IS will depend on partner's current income & capital. If they qualify for IS this will include mortgage interest payments (following relevant waiting period). Alternately, if client & partner are not treated as a couple, client could apply for mortgage interest payments as a part of his IS claim on the basis that although the mortgage is not in his name, he has to meet the mortgage payments in order to remain in the home (IS regs schedule 3 para. 2). I can't see any way that client could claim HB as would be caught by HB Reg 7 (renting from ex partner and the home is the former joint home).
|