Support for Mortgage Interest - Service Charges (Leasehold)

anmarj

dmg24 wrote: »

Then please refer them to the above link, and if they are unwilling to read it, escalate it to a manager. It is people like your colleague that lead to claimants being in an almighty mess.

it needs to go right across the DWP not just PC, as the OP was told by JC that he needed to contact HB, and I work on PC, and even if I show it to them, they are not going to do a thing about it.

dmg24

anmarj wrote: »

it needs to go right across the DWP not just PC, as the OP was told by JC that he needed to contact HB, and I work on PC, and even if I show it to them, they are not going to do a thing about it.

I am not suggesting that it is not a widespread misunderstanding. Nonetheless, if I knew that such a misunderstanding was occurring and could do something about it, I would. At least you have the correct information now, and can pass it on as and when it is needed.

tcr_3

Service charges can be paid by the local authority only if house ownership is shared equity ... i.e. owned between the OP and a housing association. And doesn't appear to be the case.

Which means it's the responsibility of Jobcentre Plus to determine help with service charges as part of means tested benefit (i.e. JSA(IB), ESA(IR) or Income Support).

Benefits are assessed & paid by the local Benefit Delivery Centre. They've got a special mortgage team, which obviously deal with applications for mortgage assistance.

But they're not the team which deals with service charges. Service charges are dealt with by the "ordinary" benefit sections ... they assess how much extra you're entitled to for the service charges and add that onto your personal benefit.

On many occasions service charge bills go to the mortgage team accidentally ... it's not for them and they simply forward it on to the right team in the office.

That's all that's happened. It's a snafu.

Buildings insurance can be paid if it's communal & compulsorily levied by the managing agents under the terms of your lease. Other items are considered individually by the Decision Maker, but generally have to relate to maintaining the fitness of your home, and associated common areas, for human habitation. So it'll cover gardening, communal lighting, communal heating, minor repairs ... but it won't cover major repairs and improvements (e.g. new roof) or shared luxury items (e.g. private gymnasiums, saunas ... and yes, I've seen such claims !)

Fire_Fox

Thank you very much to everyone for your replies. I will endeavour to update this thread if and when I get some money so others can be pointed in the right direction swiftly. I can confirm that my property is not shared ownership, I own the long lease outright and the buildings insurance, ground rent and service charges are all mentioned in the lease itself. No part of the charges are for anything inside my flat, only the common parts and there are no luxuries such as a gym or concierge.

I have already been wrongly advised many times, so haven't a clue if I have already missed out on 13 weeks payments. The chap in JSA claims is very nice and seems to genuinely want to help, but admits he doesn't really know anything about this aspect of benefits and wants me to update him after I have spoken to the council on Monday. I will do this simply to say to him that I have IYSWIM.

Does anyone know if I need to be in receipt of IB-JSA or have an underlying entitlement to get my service charges paid? Also does anyone know what forms I do need to complete? Obviously already applied for JSA and given all my invoices on day one, should this have already been assessed?

tcr_3

There's no specific form. Practise varies from one office to another, but I guess they'd be looking for at least the last quarter's service charge bill, if not a years worth if you've got it, so they can try and average out what your weekly charge is.

They'll consider each item one by one, allowing you the most the regulations can justify. But you won't normally get a letter saying "we've allowed this, we haven't allowed that" ... you'll normally only get "you've been allowed £x.xx towards service charges" ... so you might need to query that if you want a breakdown of how it's worked out.

If you've already submitted your invoices (and claimed JSA Income Based as well as JSA Contributory), they should consider it from week 13 of your claim. Assuming you have no other income, the first £64.30 of your benefit will be JSA(C), anything over and above that will be for your service charges etc and will be JSA(IB) ... that'll change when your JSA(C) exhausts after 6 months, it'll all become JSA(IB) at that point.

You should get your help from week 13. If you're past that date they should backdate to week 13. And that's because you told them you had service charges on your original application form, I assume. If you've supplied the info already, yes it should've been worked out by now.

I've no idea why they're pointing you in the direction of the council. Doesn't make any sense whatever.

anmarj

dmg24 wrote: »

I am not suggesting that it is not a widespread misunderstanding. Nonetheless, if I knew that such a misunderstanding was occurring and could do something about it, I would. At least you have the correct information now, and can pass it on as and when it is needed.

the link you gave is from the local authority guide which jsa and pc do not use, I have been trying to find the housing guide at work, but will speak to to a person who I know on the mortgage section to find the info.

tcr - the op was told by the JC that they have looking in their housing handbook to tell the op to contact local authority, I think it will state that even if they are owners the first port of call will be the local authority, the only thing I could find in our DMG is that they will consider service charges if HB does not.

found it in the dmg chpt 78
[FONT=&quot]Service charges[/FONT]
[FONT=&quot]78457 [See memo DMG 21/09] [See Memo DMG SPC 53] Service charges should be[/FONT]
[FONT=&quot]allowed where they are[/FONT][FONT=&quot]1[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]not eligible to be met by HB[/FONT][FONT=&quot]2 [/FONT][FONT=&quot]and[/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]payable as a condition of occupancy and[/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]for[/FONT]
[FONT=&quot]3.1 [/FONT][FONT=&quot]the home or[/FONT]
[FONT=&quot]3.2 [/FONT][FONT=&quot]the building in which the home is situated or[/FONT]
[FONT=&quot]3.3 [/FONT][FONT=&quot]common areas for a group of homes[/FONT][FONT=&quot]3 [/FONT][FONT=&quot]and[/FONT]
[FONT=&quot]4. [/FONT][FONT=&quot]for services provided by a landlord or the agents of a landlord.[/FONT]
[FONT=&quot]1 Sch II, para 13(1)(b); 2 para 5: R(IS) 4/92; 3 R(IS) 4/91[/FONT]
thats why they are told to go to HB first.

tcr_3

anmarj wrote: »

the link you gave is from the local authority guide which jsa and pc do not use, I have been trying to find the housing guide at work, but will speak to to a person who I know on the mortgage section to find the info.

tcr - the op was told by the JC that they have looking in their housing handbook to tell the op to contact local authority, I think it will state that even if they are owners the first port of call will be the local authority, the only thing I could find in our DMG is that they will consider service charges if HB does not.

found it in the dmg chpt 78
[FONT=&quot]Service charges[/FONT]
[FONT=&quot]78457 [See memo DMG 21/09] [See Memo DMG SPC 53] Service charges should be[/FONT]
[FONT=&quot]allowed where they are[/FONT][FONT=&quot]1[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]not eligible to be met by HB[/FONT][FONT=&quot]2 [/FONT][FONT=&quot]and[/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]payable as a condition of occupancy and[/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]for[/FONT]
[FONT=&quot]3.1 [/FONT][FONT=&quot]the home or[/FONT]
[FONT=&quot]3.2 [/FONT][FONT=&quot]the building in which the home is situated or[/FONT]
[FONT=&quot]3.3 [/FONT][FONT=&quot]common areas for a group of homes[/FONT][FONT=&quot]3 [/FONT][FONT=&quot]and[/FONT]
[FONT=&quot]4. [/FONT][FONT=&quot]for services provided by a landlord or the agents of a landlord.[/FONT]
[FONT=&quot]1 Sch II, para 13(1)(b); 2 para 5: R(IS) 4/92; 3 R(IS) 4/91[/FONT]
thats why they are told to go to HB first.

There's no virtue in sending an owner occupier to the local HB Team, because they obviously won't entertain a claim for service charges through their scheme.

Sounds more like someone DWP side has misread the intent of that regulation, sent someone on a wild goose chase and that's now become office policy over the years.

It's a complete waste of the customer's time.

Fire_Fox

Thanks again too all, it is really helpful and I may print out this thread. I *should* have claimed IB-JSA as well as CB-JSA as I didn't think I'd paid enough income tax to get CB-JSA initially. But I didn't complete the form, the person on the telephone did. Certainly I gave details of my housing outgoings and savings accounts.