Effect on other entitlements
If a person participating in the Home Equity Access Scheme is entitled to a pension under the income and assets test, their participation in the scheme does not impact on their eligibility to receive the additional benefits associated with receipt of that pension, such as a Pensioner Concession Card, Pension Supplement and treatment benefits.
Effect on other entitlements – non-pensioners
If the person is not otherwise entitled to a pension, and is participating in the scheme to obtain a substitute for pension rather than just a top-up of pension, they are not entitled to the additional benefits associated with receipt of pension, such as a Pensioner Concession Card, and treatment benefits. The provisions of the Scheme require that for fringe benefits purposes, the participants are taken not to be receiving service pension or income support supplement.
This does not apply to people who hold a reinstated PCC because their income support pension was cancelled on 1 January 2017 due to changes to the assets test. There is no requirement for HEAS participants in this category to be receiving an income support pension as their entitlement to the PCC arises through separate legislation unrelated to HEAS participation.
Participation in Home Equity Access Scheme and hardship provisions
Participation in the Home Equity Access Scheme precludes payment under the hardship provisions. Because the person is using their assets as security for borrowing, their assets cannot be regarded as unrealisable, which is one requirement that must be met for a person to access the hardship provisions.
However, the fact that a person may be able to use their assets as security for a loan under the Home Equity Access Scheme should not be used to prevent them from accessing the hardship provisions if they are not actually participating in the scheme. That is, a pensioner should not be required to test their eligibility for a loan under the Home Equity Access Scheme to determine whether or not their assets can be regarded as unrealisable for hardship purposes.
Appeals and obligations
Home Equity Access Scheme participants do not have any appeal rights or statutory obligations imposed on them under the VEA as a result of participation in the scheme, however, participants are required to notify DVA regarding changes to the secured property. Home Equity Access Scheme participants must comply with the statutory obligations relating to the pension, and will retain the associated appeal rights.
Effect on Bereavement Payment
If a Home Equity Access Scheme participant dies, then any payment made under Home Equity Access Scheme is not included as part of the bereavement payment.