Housing Systems: Combating poverty and sustaining tenancies.

Our FOIs: Other
Below are a selection of FOIs we have, over the past few years, sent to the DWP with the answers
We hope you find these useful.

Just click on the FOI you are interested in to see the full question and the answer.

Is there - or will there be - any provision under the regulations for claimants who are unable to accept a SMI loan post April 2018, either because of the terms of their mortgage provider or the type of mortgage/loan, or any associated trust.
I give an example but note this is just an example and there could well be others where taking out a further loan causes a breach in the terms of the mortgage agreement:
A Pension Credit claimant has a Declaration of Trust which stands alone from the mortgage but, by taking on debt in the form of an SMI loan, she would be breaching that arrangement which would essentially then put that agreement and her home at risk. (This was done because the claimant was unable to get/continue with Life Assurance Cover so drew up a Declaration of Trust between herself and her grown up children. No money exchanges hands and the trust doesn’t hold any cash involvement: it only comes into play when the property is sold or upon the client’s death (whichever comes first).
Surely there must be some "back-up" for claimants who have not refused the offer of the SMI loan on a whim, but because to do so is either impossible for them or puts them in greater financial disadvantage.
I would be grateful if you could point me in the direction of such.

The Regulations provide that an offer of loan payments may be made to a person if they meet the eligibility requirements set out at Regulation 3 of the Loans for Mortgage Interest Regulations 2017. If met, the Secretary of State may make loan payments if the following conditions are met:
The claimant accepts the loan payments by signing and returning the loan agreement;
The claimant executes either a legal or equitable charge (or standard security) over the property.
The Secretary of State does not have a discretion under the Regulations to deviate from the conditions for payment, for example by making payment without the claimant signing the loan agreement or by not requiring the claimant to execute a charge over the property. However, the Regulations do not require the Department to register the charge. If the terms of a legal instrument prevent registration, the Secretary of State would be able, where appropriate, to grant the loan without registering the charge.
The Department has consulted with UK Finance (formerly known as the Council for Mortgage Lenders) and do not anticipate that mortgage lenders will prevent a person from executing a second charge in respect of a loan for mortgage interest and for this to be registered with the Land Registry.

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Dear Home Office,
Where an EEA national needs to show "right to reside" for benefit purposes, in some instances this will depend on proving the work history of their former partner/spouse, or another family member.
For example where the claimant is the primary carer of the child of an EEA national who had worked in the UK for some common period while the child was also in the UK - a derivative right under Reg 16 of The Immigration (EEA) regs 2016.
If the relationship has ended due to domestic violence it can be very difficult- and probably imprudent - to obtain this information from the former partner.
Or if someone needs proof of the work history of a parent (etc) who was an EEA national working in the UK , in order to show they have acquired permanent residence status by being their family member. If that person has left the UK or is now estranged from them they would not be able to ask them directly.
I have read (from someone else's FOI request 42007 that "In these cases the Home Office has a published policy which states they will make enquiries to determine whether the EEA former partner meets the requirements for the EEA regulations. Where the evidence cannot be obtained directly from the employer of the EEA national, caseworkers from Home Office can make enquiries with HMRC to gather the necessary information."
Please could you supply any documentation showing the way that someone can request this information, and if possible anything useful such as what is required, how long it might take etc.

Thank you for your enquiry dated 4th May regarding obtaining information from HMRC.
You can use the following link to find information about making a subject access request with that department.
Click here for guidance...
Please note the onus is upon individual customers to ensure that they satisfy the requirements set out in the guidance material. The guidance material accompanies each and every application form. UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration.
Directing you to the guidance material is the only advice we can give you. If you need any further help you should seek independent immigration advice. Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which mean they must meet certain standards.
Please see the below link to find an immigration adviser:
Click here.