Discussion archive

Top Housing Benefit & Council Tax Benefit topic #1772

Subject: "Contributing to home owner's mortgage" First topic | Last topic
JoannaS
                              

Welfare Advice Worker, Information and Advice Serv, Union of Brunel Students, London
Member since
03rd Jun 2005

Contributing to home owner's mortgage
Fri 03-Jun-05 09:27 AM

Could contribution to home owner's mortgage be treated as rent payment?
Client lives in a house owned by his partner. Partner lives apart, due to caring duties (sick mother) and rarely visits client. They however have a joint account and client contributes towards mortgage. The mortgage is solely in partner's name. There is no tenancy agreement. Client receives DLA for terminal illness and will be applying for IS a.s.a.p. Could we present payments he makes towards partner's mortgage as rent payments in order to claim HB?
All suggestions greatly appreciated.

  

Top      

Replies to this topic

1964
                              

Deputy Manager, Reading Community Welfare Rights Unit
Member since
15th Apr 2004

RE: Contributing to home owner's mortgage
Mon 06-Jun-05 12:21 PM

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).

  

Top      

Top Housing Benefit & Council Tax Benefit topic #1772First topic | Last topic