Here's the background to a fairly complicated case:

Client was living with his (male)partner for several years. Did not inform DWP that he was living with any body. Client in receipt of IS and DLA - HRC+HRM, and MIR on a mortgage of £20,000.

Client and partner split up about 6 months ago. Ex partner sues client for a half share of the house - a compromise is reached and ex settles for £45,000. Client remortgages house and the new mortgage is now £50,000. He has had to change mortgage provider because of HIV status.

My question: what does he have to tell the DWP? Obviously that he has changed mortgage providers, but does he have to tell them that he has increased his mortgage and why? He doesn't want to have to mention the ex as this will trigger all sorts of investigations, although presumably any alleged overpayment caused by failure to notify cohabiting could only go back as far as December 2005?

There are all sorts of other problems about him being a student and living somewhere else during the week, but I don't think I need to worry too much about that right this minute. The mortgage question is fairly urgent though as the new mortgage starts being paid in July.

Thanks for any light that you can shed on this.

Ali

That sure is a complicated case !


I would start with questions about the situation before December 2005 (civil partnership date)

Was it a joint mortgage? I’m guessing it wasn’t.

So good news - If your client was getting disability living allowance high rate care then the partner would have been a non dependant. But no deduction if the claimant was getting disability living allowance high rate care. No overpayment.
But
Since December 2005 - the partner would have made a lot of difference to his entitlement. Would have been “a living together couple” and no entitlement to income support if the partner was in full-time work for example.
As a welfare rights adviser I see it my responsibility to tell clients what the law says they should do. Then its up to them if they don’t.

I’ll stop there would another adviser like to take over?

Thanks for that Penny.

No the mortgage was not a joint one. The ex partner only worked some of the time so I would need more information on whether he was working or has had any income since Dec 05. If not, then there would not necessarily be an overpayment I suppose, because of offsetting. Does Carer's Allowance/Carer's Premium come into offsetting? It depends if the ex was claiming any benefits as well.

Of course you're right about advising clients what the legal requirements are, but I would like to give him the full picture of what to expect in terms of possible overpayments and then he can decide whether to take my advice or not.

If there is an overpayment, what are the chances of the DWP taking blackmail into account? Client says that he only allowed the ex to stay for the last couple of years because the the ex threatened to tell everyone and anyone that client is HIV positive.

My advice at the moment is to come clean, request that the DWP pay MIR on the new mortgage as he has had to buy the ex partner out of the house (although the ex didn't contribute to the mortgage, he did pay for central heating and new windows to be installed)and then we challenge any overpayment decision.

Whaddya think?