# Going thru separation - will I get MIS once sorted?



## dubinamerica (23 May 2011)

HI 

I am starting out on legal separation and hoping that if names on deeds can be sorted I may be able to obtain MIS. 

Can someone take a look at the figures below? I don't have complete figures as in discussions but would like to get an idea of what I may be entitled to

Current income - OPFP, 3 dependents - 274 euro 
Half rate illness benefit - 96
Maintenance - none being received at present. Say max 30 euro as husband on social welfare 
Savings - use 20K but this figure could be a lot less in reality : ( 
Weekly interest - 115

Is the following an accurate calculation based on above.. 

*Total weekly income* = 274+96+30(maintenance) + 20 (savings) = *430*
*SWA rate *= *275.40*
*Income in excess *= *144.60*
*weekly interesst *= *115*
*min contribution = 24*
*entitlement = -52*
So I would NOT get MIS. 

But if the I.B. was stopped (which I think it will soon), then I may get MIS. 
*Total weekly income* = 274+30(maintenance) + 20 (savings) = *324*
*SWA rate *= *275.40*
*Income in excess *= *48.60*
*weekly interesst *= *115*
*min contribution = 24*
*entitlement = 43*
Is that correct?  If so, would I get *43 euro *per week? Is there any of the income disregarded? 


Any advice would be really appreciated. I am sick to the stomach thinking of what is ahead and what we will be able to cover. Any guidance would really help.


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## ajapale (23 May 2011)

for info:
MIS =_ Mortgage Interest Supplement_ *
*


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## Bronte (24 May 2011)

You're using too many abreviations for us to be able to understand the thread, can you go back on it and put in brackets what OPFP, MIS etc are.  So that you get more responses otherwise people are likely to ignore the thread.  

Who is getting the two social welfare payments?  Don't you get child allowance also.  

If your husband is on social welfare and you are living apart what makes you think he will be ordered to pay you 30€ out of that.  

What is your actual savings?  The capital amount.  Social welfare make a calculation based on the capital not on what the money is generating in interest.  Where did you come up with 20K savings being equal to 20 Euro income?

Are you paying a mortgage and is it on interst only?  Is that what the 115 is made up of?  What do you mean about sorting the names on the deeds.  A bank isn't going to allow you transfer the property into one name only if both are liable for the mortgage.


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## gipimann (24 May 2011)

Child Benefit isn't assessed for any other SW payments, so it doesn't need to be included in the calculations.

The big question is whether you will get a new mortgage in your own name - while the mortgage is in joint names, there is a joint liability and Mortgage Interest Supplement (MIS) will be assessed based on that.

One of the qualifying criteria for MIS is that you must have been able to afford the mortgage when you took it out.

You could find yourself in a catch 22 situation here - if the bank give you a mortgage based on your current income, you may not be able to afford it (especially if your illness benefit payment will cease in the future), and if you can't afford it, you don't meet one of the requirements for MIS.    You can't qualify for MIS at the moment because the mortgage is in joint names.


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## Granger (24 May 2011)

The first €75 of additional household income is disregarded for Rent/Mortgage supplement. Then the additonal income over the €75 is disregarded at 25% of its value.

For a SWA payment they assess capital over €5000.


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## gipimann (24 May 2011)

None of the incomes listed by the OP comes under the heading of Additional Household Income (AHI) and therefore it is all assessable.


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## dubinamerica (31 May 2011)

Thanks for the feedback. 
My understanding is that if my husband signs over the deeds of the house, by signing a waiver of interest, then this should be suffiicent to meet that requirement regarding MIS.  His name will still stay on the mortgage however, but I will be agreeing to cover this. 

Sorry for abbreviations, but I was directing this really at those that are pretty familiar with MIS and how it works. 

Based on above figures can anyone provide feedback to the query? Correct - no additional income. I am in receipt of child benefit, but that is not taken into account for MIS.  

I am at the start of what may be a very long and stressful path to a legal separation and just want to determine if a particular scenario occurs, what entitlements I may have. Obviously until the separation is complete I can't give final figures, but I am trying to pull together some likely ones.


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## iscritto (31 May 2011)

Your CWO is really the only person that going to be able to help - Even though there are guidelines around MIS payments it really depends on the CWO. I would suggest calling the local office asap as you may be waiting for a fews weeks for a meeting.

You may not need to wait for the LS to come through to get MIS.


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## Granger (2 Jun 2011)

gipimann said:


> None of the incomes listed by the OP comes under the heading of Additional Household Income (AHI) and therefore it is all assessable.




Additional Income is any income over there family rate. The OP list maintenance, this is addtional income. Although it is asseased in full it is still classed as additonal income. Unfortunatley, IB is assesed in full on top of your OPFP, if you where to work part time, then the €75 disregard would apply or if you where to get rehabilitative work then there is up to €120 of earnings disregard, but this cannot be applied together with the €75.


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