HELP NEEDED HERE PLEASE
72 year old client. In receipt of IS (MIG) since 29/10/2002. No housing costs claimed. Divorces violent partner and is obliged to re-mortgage property to aquire an interest in the property and secure her home.
Property re-mortgaged for £55,000 on 22/8/2003. Of this
£10,557 used to repay existing mortgage
£37,000 to pay former husband as part of divorce settlement..to buy out his interest in property
The remainder used to cover Legal Aid and other expenditure.
M112 submitted on 4/11/2003 requesting help with mortgage.
Decision given to assist only with £10,557 which re-paid existing mortgage.
Client appeals and attends tribunal which has been adjourned for her to seek advice as Tribunal chair convinced she should receive help with costs of aquiring interest. Tribunal chair demands presenting officer at new hearing.
Any help appreciated here...head blocked...flu bug muddling thinking !

The legislation is Sch 2 para 11 SPC Regs 2002 SI2002 No 1792:

"Loans on residential property
11.—(1) A loan qualifies under this paragraph where the loan was taken out to defray monies applied for any of the following purposes–
(a) acquiring an interest in the dwelling occupied as the home; or
(b) paying off another loan to the extent that the other loan would have qualified under head (a) above had the loan not been paid off.
(2) For the purposes of this paragraph, references to a loan include also a reference to money borrowed under a hire purchase agreement for any purpose specified in heads (a) and (b) of sub-paragraph (l).
(3) Where a loan is applied only in part for the purposes specified in heads (a) and (b) of sub-paragraph (1), only that portion of the loan which is applied for that purpose shall qualify under this paragraph."

She should qualify both for replacing the original loan
and also for the new loan to buy out her ex partners interest since she previously only had a partial interest in the home.