Regs on non-dependant deduction from SMI Loan when shared owner

Glenys Harriman made this Freedom of Information request to Department for Work and Pensions

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Glenys Harriman

Dear Department for Work and Pensions,
I would be grateful if you could direct me to the regs or guidance that explains whether and how non-dependant deductions are apportioned between Housing Benefit and the DWP loan for housing costs, in cases of shared ownership where the shared owner is in receipt of IS, IB JSA, IR ESA or PC.

Reg 14 of the Loans for Mortgage Interest Regulations covers apportionment of the deduction between the loan and IS, IB JSA, IR ESA or PC (where the benefit includes housing costs such as ground rent or service charges) but is silent about Housing Benefit.

I would assume that where a deduction is taken from HB it can't also be taken from the loan - or if the deduction is higher than the amount of HB in payment can the rest be taken from the loan? And if so where does it say this?

Thank you

Yours faithfully,

Glenys Harriman

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Charles Ellinson left an annotation ()

If you look at the calculation, Step 2 takes the NDD figure from IS/JSA/ESA/SPC which then gets multiplied in Step 3. If there is already a NDD in HB, the figure in Step 2 will be zero (this rule is included in all the relevant regulations referred to in Step 2), so the result of Step 3 will be zero too. This means no deduction will be made from the loan amount if any deduction has been made to the claimant's HB.

Glenys Harriman left an annotation ()

Thanks very much Charles - I hadn't worked that out!

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