The Appellant and her husband were in receipt of Mortgage Interest Supplement (MIS) from August 2005 until 31st January 2013. Following the breakdown of the Appellant’s marriage a barring order was issued against her former spouse. The Appellant advised Community Welfare Services on the 31st January 2013 that her husband no longer resided with her in the family home. As a result, the MIS claim was reassessed.
When reviewing the MIS claim the Designated Officer based their assessment on half the interest payable, rather than the full interest charged as the Appellant’s husband was named on the mortgage agreement and on the deeds of property. Half the interest payable amounted to €56.18 per week.
As is the case in all MIS claims, the claimant and any non-dependants residing in the home are required to make a minimum contribution. In this case the Appellant would have been assessed has having to pay at least €30 per week plus any means assessed, and her daughter would have been required to pay a further €30. The total figure of €60 exceeded the amount of interest the Designated Officer deemed eligible under the MIS scheme, consequently no MIS was payable.
The actual interest payable on the property was confirmed to be €112.36 per week.
The Appellant appealed the decision with a submission prepared by CLM Northside.