Pension Credit / Mortgage interest assistance

Icequeen99

gprit wrote: »

Let me try and clarify.
My wife died January 2011. Property fully mortgaged ...Probate granted...I inherited all. Mortgage has not been transferred to me in name as the lender considers it 'new lending' and they are not lending any more, so would not transfer. They have given me time to find a solution. there are (never have been) any arrears.
New partner /baby....we are renting a house in Thailand, although plan to apply for her to come to UK (son has British passport).
The claim for interest assistance under GPC has a history going back to before she died.

When your wife was alive, were you claiming GPC jointly as a married couple? And did you inform DWP when your wife died?

Also, did you declare to them your second property and rental income?

How far back are you asking about the help with mortgage interest? For now or going back to 2011? I suspect most of that will be out of time for appeal.

IQ

gprit

Was claiming jointly - they were informed promptly when my wife died.
Regarding rental income on second property I assumed that as it was the only property in my name I could get mortgage interest relief. They (probably correctly) say I cannot.
SO... my argument is that if they say I was not entitled to claim on the (rented) property in my name then surely we should have been able to claim on the property in my wife's name where we were living and where I was paying the mortgage.
Time to appeal is clouded by the above issue..

Icequeen99

gprit wrote: »

Was claiming jointly - they were informed promptly when my wife died.
Regarding rental income on second property I assumed that as it was the only property in my name I could get mortgage interest relief. They (probably correctly) say I cannot.
SO... my argument is that if they say I was not entitled to claim on the (rented) property in my name then surely we should have been able to claim on the property in my wife's name where we were living and where I was paying the mortgage.
Time to appeal is clouded by the above issue..

Yes, you can get mortgage interest relief if the claimant OR their partner is liable for the housing costs. So when your wife was alive, that would be met as she was liable for the mortgage. Providing you met the other criteria then that part shouldn't have been an issue.

Even after your wife died on your single claim, you may have been able to claim under one of the special rules. See the decision makers guide here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252351/dmg-vol13-ch78.pdf in particular see the example 2 in part 78215.

Of course, your second property would be taken into account for pension credit. I am not an expert on PC but it would either be treated as capital (giving you a deemed weekly income) or the rental income would be taken into account in some form.

As I say your biggest problem now will be the appeal time limits.

IQ

gprit

Thanks for the reading!

The rent certainly didn't cover the mortgage/costs, and the 'asset' didn't cover the mortgage capital, so will see how they consider all this.

I just feel that if I (perhaps wrongly) believed I could claim for house / mortgage in my name and they now say I should not have, then I think they should agree that I would have applied for the mortgage on the property owned by my wife - and would not disallow due to time limit.

Anyway, many hanks to all contributors. .

silvercar

Your bigger problem is the mortgage. Even if you get SMI to help with the mortgage payments, the lender will want to know how you are going to redeem the mortgage. Fine that they are prepared to give you some time, but they won't wait for ever.

FBaby

You seem to went to pay the system on technicalities. The deeds of the property might still have your ex wife name on it because you don't want to pay to have this changed but officially you ARE the owner of the property and with your new wife you own two properties.

gprit

Thanks to all - and yes there are technicalities, and btw there is now only one property (the one still in my late wife's name). The rented one was eventually sold at a loss.
Perhaps Thailand offers different opportunities.

Thanks for all the comments.

FBaby

Ha sorry assumed you still had that property in Thailand.

MissMoneypenny

gprit wrote: »

New partner /baby....we are renting a house in Thailand, although plan to apply for her to come to UK (son has British passport).

When you say "we": are you living in Thailand or the UK?

Have you read the requirements that must be met, to be able to sponsor your girlfriend for a visa to the UK?