Hi, does anyone have any ideas on the following? Single parent on IS with housing costs on £42,000 mortgage. She decided to move in with her boyfriend and they each sell their respective houses and buy a new property with the proceeds and a joint mortgage of £130,000. Her IS was paid up to the day before the property was purchased and they moved in together. 3 months later he abandons her, moves out and has no further contact with her, though he pays the mortgage for 6 months after moving out. She reclaims IS as a lone parent, though she also has quite severe mental illness, and asks for help with the £130,000 mortgage but is allowed help with the first £42,000 only.

My initial thought is that this is correct as she increased her liability during a relevant period and is therefore limited to the amount of the original mortgage (Sch 3, para 4(2) IS Regs). I have considered the provisions on abandonment (Sch 3, para 2) but think this only allows her to be treated as liable for the full mortgage where he has stopped paying, and does not override the restriction in Sch 3, para 4(2)).

Is there any way of getting around the restriction?