Refused MIS because my house is for sale?

E

ellenb

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Hi guys, we recently applied for Mortgage Interest Supplement and got a letter today saying we were refused on the grounds that our house is up for sale.
The form I printed off asked me to sign a declaration at the end to say everything on the form was correct and that house was NOT for sale.
I added to signature that house IS up for sale.
I understood that this criteria had changed last year? Or am I wrong?
Letter receieved today is from the community welfare office (CWO) we applied to and says we must appeal in writing if we don't agree with the decision and the CWO is not returning our calls. Anyone any thoughts??
 
Can you take it off the market and then redo the form. It's always very important to know the rules before one fills out forms. No idea if the rules have changed.
 
According to the Citizens Info website, from Dec 2012 you can apply even if your house is up for sale

Change to 'Sale of House' condition
From 21 December 2012 you can get MIS if your house is for sale. The removal of this condition will allow people to engage in selling their home and continue to be eligible for MIS, subject to the other conditions of the MIS scheme.

http://www.citizensinformation.ie/e...are_schemes/mortgage_interest_supplement.html
 
The legislation changed last December, the paragraph which disqualified a person from receiving MIS if their house was for sale was removed.

The intention of the change was to allow people already receiving MIS to continue to be eligible if they put their house up for sale.

From a quick read of the legislation, it appears that removing the paragraph in legislation doesn't specifically exclude people like yourself, who apply for MIS while the house is for sale. This might explain the inital refusal and be a loophole that you could argue on appeal.
 
Bronte I was aware of the change of law when I completed form which is why I amended it to say it was for sale.
I Didn't have to appeal once I printed off website page showing we could apply if for sale but this error has delayed our decision by about 4 weeks as clinic only open once a week and the CWO now on holidays for 2 weeks. I know it will be backdated but it is do frustrating.
Took almost a month to get form back from bank even though its only meant to be 10 days under code of conduct.
Apart from that, hopefully there is no reason to be refused now. Can anyone calculate how much we might be eligible for?
Interest only approx 200 a month but this doesn't include TRS.
Is MIS figure arrived at with or without TRS taken into account? I know we have to contribute 35 a week also so I figure somewhere between 40 and 60 euro a month? Am I about right?
 
A CWO (HEO now ) can make a mistake. I was in receipt of MIS. When my income changed, the CWO stopped the MIS. There were fairly simple errors in the calculation which I asked to be rectified, without success. I just appealed it with the appeals office and they sorted it out quite quickly. I can calculate my own MIS. To calculate MIS, there is a method shown here

http://www.citizensinformation.ie/e...calculating_mortgage_interest_supplement.html

If you can follow it fine, if not, put up your income (amount and type) and annual interest per the bank form, and I will see if I can give you a MIS figure.
 
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