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Top Income Support & Jobseeker's Allowance topic #731

Subject: "IS for housing costs" First topic | Last topic
seanwcab
                              

adviser, Walthamstow Citizens Advice Bureau, E17
Member since
12th Feb 2004

IS for housing costs
Tue 12-Oct-04 11:48 AM

my client has been getting IS since her husband left in 2000, but has never been paid any IS for housing costs. mortgage in husband's name only. client believes she gave DWP details of mortgage when made her IS claim + we are going to write to ask DWP for review of her claim and copy of her claim forms.
i understand that IS can be paid for housing costs as client has taken on responsibility for them to stay in her home. the question is how can client provide info to DWP about mortgage costs as mortgage company are refusing to accept any contact from her. any experiences of how the DWP process this kind of problem?
many thanks

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: IS for housing costs
Thu 14-Oct-04 04:20 PM

This is a new one to me, but does your client know what the current outstnding mortgage is and the interest charged?

If that is so, then you could rely on R(I)2/51 and R(SB)33/85 which held that there is no need for corroboration in English law, and that if the circumstances justify it, the claimants word can be accepted.

On the other hand, you could always cite S35 of the Data Protection Act to the lender. S35 provides that data is exempt from the non disclosure provisons if it is needed for the purposes of establishing, exercising or defending legal rights.



  

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Top Income Support & Jobseeker's Allowance topic #731First topic | Last topic