Social welfare legislation provides that, in the assessment of means for jobseeker’s allowance, account shall be taken of any property owned other than the family home, other capital such as savings, and any income including non-cash benefits.
Non-cash benefits are defined in legislation as, “the net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative insofar as the cash value exceeds €4,952 per annum".
A spouse or civil partner is a liable relative. Accordingly, in the case where a mortgage is being paid by a spouse who is living apart from a claimant, this will be assessed as means.
It should be noted that mortgage payments are considered as maintenance payments for means-testing purposes. Maintenance payments are assessed at 50% when in excess of €95.23 per week (€4,952 per annum). These arrangements ensure that there is always an incentive to receive a maintenance payment.