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LMI on UC where income precludes claim
ADM memo 8/18: Loans for mortgage interest
Claimant
Single claimant
6 For the purpose of the regulations a claimant refers to both a single claimant and joint
claimant. This includes an individual (or individuals in the case of joint claimants) who
1. for a single person, has made a claim for and is entitled to IS, JSA(IB), ESA(IR),
SPC or UC or
2. has made a claim for and is not entitled to IS, JSA(IB), ESA(IR) or SPC by
reason only that they have income equal to or exceeding the applicable amount
but less than the sum of the applicable amount and loan payment that they will
be able to get
Does #2 mean that a single claimant of UC whose only entitlement would be due to mortgage costs can’t get LMI as they’re not treated as a claimant due to excess income?
No, it means that if they would qualify for benefit had the mortgage interest support been included in their applicable amount then they can qualify for the loan.
I understand that’s the case for the legacy benefits and SPC but #2 specifically excludes UC
This seems clear
https://www.gov.uk/support-for-mortgage-interest/eligibility
“If your income is too high to get a qualifying benefit
You might still be able to get SMI if you apply for one of the qualifying benefits but cannot get it because your income is too high. You’ll then be treated as getting the benefit you applied for.
You will not be treated as getting Universal Credit if you cannot get it because your income is too high.”
This seems clear
https://www.gov.uk/support-for-mortgage-interest/eligibility“If your income is too high to get a qualifying benefit
You might still be able to get SMI if you apply for one of the qualifying benefits but cannot get it because your income is too high. You’ll then be treated as getting the benefit you applied for.
You will not be treated as getting Universal Credit if you cannot get it because your income is too high.”
Many thanks - that was how I read the ADM but wasn’t 100% sure
Sorry, I thought t was a query on the generality.
No, people who would otherwise be UC claimants can’t get LMI if they would otherwise have qualified when interest help would have been included. See the definitions in the LMI regs.
“single claimant” means—
(a)an individual who has made a claim for, and is entitled to, a qualifying benefit;
(b)an individual who has made a claim for, but is not entitled to, a legacy benefit or state pension credit by reason only that the individual has, or, if the individual is a member of a couple, they have, income—
(i)equal to or exceeding the applicable amount, but
(ii)less than the sum of that applicable amount and the amount of a loan payment applicable to the individual;
“joint claimants”—
(a)in the case of jobseeker’s allowance means—
(i)members of a joint-claim couple who have jointly made a claim for, and are entitled to, income-based jobseeker’s allowance; or
(ii)members of a joint-claim couple who have made a claim for, but are not entitled to, such a benefit by reason only that they have income—
(aa)equal to or exceeding the applicable amount, but
(bb)less than the sum of that applicable amount and the amount of a loan payment applicable to the joint-claim couple;
(b)in the case of universal credit means members of a couple who have jointly made a claim for, and are entitled to, universal credit
Great, many thanks for that