Mortgage Interest

[pikwik]

Hello All,

I am currently on ESA benefits and the mortgage interest is being paid. I am a British citizen. My partner works and doesn't receive any public funds. Question is - will payment of my mortgage interest affect my wife's ILR application.

Thank you

[John]

Can I ask, what sort of ESA are you currently getting? Contribution-based, or income-based?

[pikwik]

Hello John,

Many thanks for the quick reply.

I am led to believe its contributions based...it specially says the following - the payment of employment and support allowance is based on your NI contributions records and additonal amonunt the law says you need to live on. We call this contributory based and income related employment and support allowance.

[John]

Has the office dealing with that claim been told about the amount of your wife's earnings?

[pikwik]

The quick answer too that is no John, I wasn't aware she had too. Since the claim is for myself only.

[John]

She doesn't need to tell them, you do!

It sounds to me that the basic amount of ESA is contribution-based, but then there is a top-up for the mortgage interest. That top-up is income-based, and the family income needs to be taken into account in assessing the amount of that income-based ESA.

I suggest you tell them about your wife's earnings, and tell them soon, before you get a knock on the door early one morning and find yourself in Court accused of benefit fraud.

[pikwik]

Ouch, thanks John, I will speak to them in the morning straight away. I didn't realise this, although ignorance is not a plea in law. Its only £40 they pay per month, but never the less, I don't want this to consitute as benefit fraud. Question remains...will my ESA with mortgage interest, affect my wife's ILR application.

Many thanks for your help

[John]

No it will not, and I emphasise that your contribution-based ESA will not get downgraded because of your wife's earnings.

[pikwik]

Thanks John,

Your advice very much appreciated.