Transfer of the Home Equity Access Scheme (HEAS) debt based on Court Order 065-19062519
This document outlines steps that Complex Assessment Officers must take when a customer and their previous partner have agreed to transfer responsibility for a HEAS debt. The agreement is stated in a Court ruling or Order.
Conditions to be met
The following conditions must be met in full for the procedure here to be applicable:
- The agency is notified of the end of the marriage or marriage-like relationship
- A completed Module S has been provided
- The previous couple named in the Module S both have outstanding debts under the HEAS
- Property offered as security for the HEAS loan was co-owned prior to end of the relationship
- A Court of Law has formalised the legal separation or divorce proceedings of persons named in the Module S
- A Consent Order, Court-issued annulment document or some other judicial ruling orders:
- the transfer of full ownership of the HEAS security to one person (transferee), and
- sets out the repayment responsibility of transferee for the HEAS debts of both persons
- A copy of court documents showing the mutually binding judicial outcome must be provided to the agency
- Title on the property is registered solely in the transferee's name
- Both persons must provide consent to the agency in order for the information to be applied to their records
See Home Equity Access Scheme (HEAS) for more details about HEAS eligibility.
The Resources page contains:
- the HEAS grant and projection calculator
- useful contact details, and
- legal tasking templates
Related links
Assets hardship for income support payments
Home Equity Access Scheme (HEAS)
Repayment of Home Equity Access Scheme (HEAS) loans
Home Equity Access Scheme (HEAS) reviews
Assessing the Separation details MOD S and online updates
Security for the Home Equity Access Scheme (HEAS)