SMI query for working mum

DaisyFlower

Surely she doesnt expect the state to pay until her mortgage is clear or the children are all too old for tax credits?

Its totally unreasonable to be able to stay in such an expensive place yet not be willing to work any extra than 11 hours a week.

dmg24

No, she will not be better off if he contributes nothing because the SMI will not cover what he should be paying.

Even if the court grants a stay initially, she is unable to reduce the arrears. If she is unable to meet the monthly repayments, those arrears will increase further. No court will allow that situation to continue indefinitely.

Kimitatsu

Is she married to the father? If so is she planning to divorce him?

Is the house in negative equity and has she explored all options, lowering the payments, mortgage holidays etc.

DX2 is quite right she needs to get down to the job centre and claim IS regardless of whether she is working or not - even if her salary comes to more than the IS payment, the IS itself is a passport to other means tested benefits and the lone parent adviser at the job centre will fast track all of the applications.

Even if this case gets to court she can still apply for the possession order to be suspended on the basis that the SMI will come in and if the house is in negative equity then the bank are more likely to do that than evict her, especially with young children.

dmg24

Kimitatsu wrote: »

Is she married to the father? If so is she planning to divorce him?

Is the house in negative equity and has she explored all options, lowering the payments, mortgage holidays etc.

DX2 is quite right she needs to get down to the job centre and claim IS regardless of whether she is working or not - even if her salary comes to more than the IS payment, the IS itself is a passport to other means tested benefits and the lone parent adviser at the job centre will fast track all of the applications.

Even if this case gets to court she can still apply for the possession order to be suspended on the basis that the SMI will come in and if the house is in negative equity then the bank are more likely to do that than evict her, especially with young children.

Are you sure you mean DX2?!

As I have already said, a court will not allow the situation to continue indefinitely, as the SMI will not cover the payment so the arrears will increase not decrease.