× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

January 2011 - cessation of mortgage interest help

gayna phelps
forum member

Manager - The Benefits Shop, Dudley

Send message

Total Posts: 8

Joined: 17 June 2010

As you may all be aware, in January 2011 anyone receiving help with mortgage interest, who is on JSA (ESA/IS not affected) and who has been receiving help for 104 weeks, will no longer get this help - in fact they’ll get no help!
The earliest the 104 weeks could start was 4 January 2009.
This rule only applies to those getting help under the 13 week waiting period rules and not those for whom the 26 or 39 week period applied. There are a few other exemptions (page 824 of CPAG).
There doesn’t appear to have been much mentioned about this - maybe the Government were assuming that anyone befitting from these rules would be back in work by now, & maybe they were right?!
Has anyone read much about this recently - or has it been overshadowed by more recent announcementsmaybe?

Gareth Morgan
forum member

CEO, Ferret, Cardiff

Send message

Total Posts: 2004

Joined: 16 June 2010

I’ve been banging on about this, without much interest, and I know that the SSAC raised this sveveral months ago with DWP, AFAIK again without much response.  I had hoped that the extension of the £200k limit would mean extending this period as well but apparently not.

Wiltshire Citizens Advice
forum member

CEO, Wiltshire Citizens Advice

Send message

Total Posts: 2

Joined: 23 June 2010

•support for mortgage interest: the temporary changes to the waiting period and capital limit will be extended until January 2012

taken from CAB information system as part of the government Comprensive Spending Review. (Yes hard to believe)

gayna phelps
forum member

Manager - The Benefits Shop, Dudley

Send message

Total Posts: 8

Joined: 17 June 2010

Great news!
Many thanks - in amongst all the ‘bad’ had missed that snippet of ‘good’!!

Dolge
forum member

Senior adviser - Wirral Welfare Rights Unit, Birkenhead

Send message

Total Posts: 49

Joined: 16 June 2010

Third attempt at posting this so will be brief.

The 2 year limit on SMI in JSA was PART OF the temporary changes in January 2009. Extending these temporary rules to January 2012 in no way removes the problem; it compounds it.

Expect nothing good off this government.

Richard Atkinson

hkrishna
forum member

Welfare rights worker - CPAG in Scotland, Glasgow

Send message

Total Posts: 257

Joined: 17 June 2010

We are now starting to see these cases coming through.  We have raised this issue too (see article in WRB 218).  DWP independent research recommended that the 104 week should be abolished or increased - http://research.dwp.gov.uk/asd/asd5/rports2009-2010/rrep711.pdf . Best advice to claimants whose 104 weeks has ended is to get independent money/housing advice - courts may be unwilling to grant possession in such cases if claimant has taken all reasonable steps to try and meet housing costs.  However, Shelter probably better placed to comment on this.

hkrishna
forum member

Welfare rights worker - CPAG in Scotland, Glasgow

Send message

Total Posts: 257

Joined: 17 June 2010

Attached is Lord Freud’s response to CPAG correspondence re: 104 week rule - apparently it’s a work incentive.  We’re looking for test cases in England and Wales for this - contact London office if you’ve got any.

File Attachments

  • SMI.pdf (File Size: 104KB - Downloads: 2862)
Eastre
forum member

Welfare Rights, Nottingham City Council

Send message

Total Posts: 1

Joined: 11 January 2011

I have a client whose help with mortgage interest with JSA is coming to an end from 21-3-11 because he will have claimed for 104 weeks.  As far as I can work out the normal linking rules apply so changing to Income Support or ESA temporarily will mean that when he returns to JSA he will still be excluded from receiving the mortgage interest payments.  I’m thinking that the only way to become entitled to help with housing costs with JSA again is a complete break in claiming for 12 weeks and then serving another 13 week wait OR if he goes into work he would be entitled again after 52 weeks.  Does anyone have any better ideas, as none of this is very helpful to my client. Thanks.

Pam C
forum member

Coordinator, Advice Link, Fylde Coast

Send message

Total Posts: 4

Joined: 18 June 2010

Coming late to this impending wave of issuss…

Did we get any consensus on possible action in this situation?

a) if there is a gap of 12 (or is it 13 weeks ) in the JJSA claim does the 104 retsart?

b) does a move to ESA mean the SMI can continue indefinitely?

Thanks.
Pam C

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

Move to ESA (or IS as carer, for example. if applicable) should result in MI continuing indefinitely. Have advised several clients to do this in past 5 months where appropriate.

Pam C
forum member

Coordinator, Advice Link, Fylde Coast

Send message

Total Posts: 4

Joined: 18 June 2010

Thanks for that.

Anyone successfully done the 12 / 13 week break?

Pam C