Your Legal Rights When Remortgaging
The Equality Act 2010 provides strong protections for disabled people in the UK, and these extend to financial services including mortgages.
Under the Act, lenders must not:
- Refuse your application because of your disability
- Offer you less favourable terms or rates because of your disability
- Make assumptions about your ability to work or earn based on your condition
- Fail to make reasonable adjustments to their processes to accommodate your needs
Reasonable adjustments might include providing information in accessible formats, allowing extra time for appointments, accepting alternative documentation, or offering home visits if you cannot easily travel to a branch.
The assessment of your mortgage application should be based purely on your financial circumstances — your income, credit history, equity position and ability to afford repayments. Your disability itself is not a relevant factor in this assessment.
If you encounter discrimination during the mortgage process, you can complain to the lender, escalate to the Financial Ombudsman Service, or seek advice from organisations like the Equality Advisory Support Service (EASS). Most lenders take their obligations seriously, but knowing your rights gives you confidence throughout the process.
Income Types That Lenders Accept
If your disability affects your employment, you may receive income from various sources. Understanding which income types lenders accept is key to a successful application.
Employment income: If you work — whether full-time, part-time, or with adjustments — your salary is assessed in the standard way. Many disabled people are in employment and their mortgage applications are straightforward.
Disability benefits: Many mainstream lenders now accept disability benefits as part of the income assessment. Commonly accepted benefits include:
- Personal Independence Payment (PIP) — both daily living and mobility components
- Disability Living Allowance (DLA) — for existing claimants
- Attendance Allowance — for those over state pension age
- Employment and Support Allowance (ESA) — both the support and work-related activity groups
- Universal Credit — including the disability elements
- Industrial Injuries Disablement Benefit
- War Disablement Pension
The proportion of benefits income that lenders include in their assessment varies. Some count 100%, while others may apply a discount. A few lenders do not accept benefits income at all, which is why knowing which lenders to approach is so important.
Pension income: If you receive a disability pension or have been medically retired, this regular income is generally well-accepted by lenders.
Investment or rental income: If you have income from savings, investments or rental properties, these may also be considered alongside your other income sources.
Accessibility and Reasonable Adjustments
The remortgage process involves paperwork, appointments and communication with various parties. If your disability makes any part of this process difficult, you are entitled to reasonable adjustments.
Communication preferences: Let your adviser and lender know if you need information in large print, audio format, easy read or another accessible format. They should accommodate this without question.
Appointment arrangements: If travelling is difficult, many advisers and lenders offer phone, video call or home visit options. The shift towards digital and remote services in recent years has made the process more accessible for many disabled people.
Extra time: If you need more time to read documents, consider options or gather information, a good adviser will be patient and flexible. There should be no pressure to rush through decisions.
Supported decision-making: If you have a carer, support worker or family member who helps with financial decisions, they can be involved in the process. If someone has a power of attorney, they can act on your behalf.
Physical accessibility: If you need to visit a branch or office, check that the venue is accessible for your needs. Alternatively, request a meeting in a location that works for you.
Do not be afraid to ask for what you need. Adjustments that help you participate fully in the process are not special treatment — they are your legal right and they ensure you can make informed decisions about your mortgage.