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HCforyou is a trading name of Hitachi Capital (UK) PLC  

Mortgage Payment Protection Insurance Policy

Terms and Conditions

The terms, conditions and exclusions applying to this policy are shown below. We have tried to make them clear and easy to understand. Words with special meaning are shown in bold print throughout.

1. Definitions

The following words are printed throughout the policy in Bold print because they have a special meaning. The meanings are given below:

Ceased to Trade - You are entirely out of paid Work because Your business has failed, or it is in liquidation (other than solvent liquidation) or bankruptcy or the business of which You are a controlling director has failed and You have provided accounts to cessation and Your last tax return has been placed with Your local tax office. This does not include temporary cessation.

Consultant - a medical specialist who is a member of an appropriate Royal College which recognises the person as a specialist.

Deferred Period - the period commencing on the first day of any period of Unemployment or Disability and lasting for the number of consecutive days as shown on Your Policy Schedule during which We will not pay any Monthly Benefit.

Disability/Disabled - If You are employed, this means sickness, disease, or accidental bodily injury occurring during the cover period for which You seek treatment or consultation by a Doctor and which solely and independently of all other cause prevents You from engaging in Your Normal Occupation. If You are Self Employed, this means a sickness, disease or accidental bodily injury occurring during the cover period for which You seek treatment or consultation by a Doctor and which stops You from helping, managing or carrying out any part of the day-to-day running of Your business.

Doctor - a registered medical practitioner practicing in the UK and fully registered with the General Medical Council. This does not include You or a member of Your immediate family.

Elective Surgical Procedure - a procedure which is not medically necessary to sustain or maintain Your quality of life and which is undertaken solely at Your own request.

Employment - a continuous period of permanent active paid Work during which You have not registered as unemployed with the Department for Work and Pensions (or any replacement Government agency).

 

End Date - the date when Your cover ends as detailed under General Conditions.

Joint Applicants - two people who are responsible for the regular monthly Mortgage Repayments or Rental Payments as stated in the application.

Lender - any bank, building society or other lending institution(s) providing Your Mortgage.

Maximum Benefit Period - the period commencing after the Deferred Period for which the Monthly Benefit will be paid. This is shown on Your Policy Schedule.

Monthly Benefit - the amount shown on Your Policy Schedule which is equal to the payment You must make every month under the Mortgage Agreement or Rental Agreement plus all other regular payments as stated on Your Application. If You are Joint Applicants the person who becomes Disabled or Unemployed will receive the percentage of the Monthly Benefit as shown in Your application.

Monthly Premiums - the premium including insurance premium tax, You must pay every month as set out under General Conditions.

Mortgage(s) - the Mortgage between You and the Lender which is covered by this insurance and secured on the property You live in as Your private home.

Mortgage Payment - the registered monthly payment due to Your Mortgage Lender.

Normal Occupation - Your Work immediately prior to the commencement of Your Disability or Unemployment and any similar Work which Your knowledge, training and ability reasonably qualifies You to do.

Normal Pregnancy and Childbirth

Related Conditions - symptoms which normally follow a pregnancy and/or childbirth (including those relating to multiple pregnancy) and which are generally of a minor and/or temporary nature, not representing an unusual or significant hazard to mother or baby.

Notification Date - the date upon which You receive official written or verbal advice from Your Employer that You are to be made Unemployed.

 

Policy Schedule - the document that details Your selected cover, the amount of Your Monthly Benefit, the person(s) who are insured and the Start Date.

Qualifying Period - the period where

no Unemployment benefit will be paid by Us in relation to Unemployment occurring within the first 60 days from the Start Date, or where the Notification Date falls within the first 60 days from the Start Date. This does not apply where You have transferred the cover from another insurer.

Regular Medical Treatment - You are receiving regular care and treatment from a Doctor or Consultant for Your Disability.

Regular Outgoings - Your other Mortgage-Related Payments, savings or investment plans, regular monthly insurance, life cover, utility bills (gas, phone, council tax, etc.) bank loans subject to an overall limit of 50% of Your monthly Mortgage/ Rental Payment.

Rental Agreement - the Agreement that You have with Your landlord in respect of the property that You live in as Your main residence.

Rental Payments - the Monthly Payment that is covered by this insurance and that You make to Your landlord under Your Rental Agreement.

Self Employed/Self Employment - actively Working for profit in a profession or business as a sole trader; or in partnership with others; or assisting with, managing or carrying on a

business in the UK and paying Class 2 National Insurance Benefit Contributions and being assessable to income tax under Schedule D Case I or II; or being a director, controlling director or an employee of a company in which You have a shareholding of 51% or more of a private limited company with an issued and fully paid share capital of less than £1000.

Start Date – the date shown on Your Policy Schedule when cover starts.

UK - the United Kingdom, the Channel Islands and the Isle of Man.

Unemployment/Unemployed or Loss of Employment - a period during which You are no longer in Employment, and If You are Self Employed have completely Ceased to Trade, and registered as Unemployed with the Department of Work and Pensions (or other appropriate department) and available for and actively seeking and applying for alternative Employment or Self Employment and in receipt of the appropriate class of National Insurance Contributions credits. If You are not entitled to any benefit, this may affect the assessment of Your claim.

We/Us/Our - Hitachi Capital Insurance Europe Limited Registered in Republic of Ireland no. 156701 Registered Office: 4th Floor, Marsh House, 25-28 Adelaide Road, Dublin 2, Republic of Ireland. Hitachi Capital Insurance Europe Limited are the Insurers of this policy. The UK operating centre of Hitachi Capital Insurance Europe Limited is 2 Apex View, Leeds LS11 9BH.

Work/Working/Worked - in any paid Employment or occupation for at least 16 hours or more a week in the UK. If You are Self Employed You must also be paying the correct class of National Insurance Contributions. You/Your - the insured person or persons named in the Policy Schedule.

2. ELIGIBILITY

In what circumstances can you take out a Mortgage Payment Protection policy? You are covered under this insurance if:

·   You have a residential Mortgage or Rental Agreement to protect;

·   at the Start Date You are Working in the UK and have been so, continuously (for at least

16 hours per week), for the previous 6 months;

·   You are permanently resident in the UK;

·   attheStartDateYouare18oroverandunder 65 (cover will continue until the End Date);

·   You have paid or agreed to pay the premiums and Your application has been accepted as evidenced by the issuing of this certificate.

Important Notes:

·   If You know that You will become Unemployed at the Start Date We will not pay any claim for that Unemployment;

·   If You become Unemployed or are notified that You will become Unemployed within the Qualifying Period We will not pay any claim for that Unemployment;

·   If at the Start Date You are on a fixed term contract please refer to the definition of Employment and the Exclusions sections for full details of how You will be treated by this policy and how You will be treated during a claim;

·   If You are aware of any illness, disease, condition, injury in the 12 months before the Start Date We will not pay any claim for Disability resulting from that illness, disease, condition or injury.

3. General Conditions

3.1 All cover under this insurance will end and all Monthly Benefits will stop automatically:

·   when You die, or;

·   when You reach the age of 65 or retire, reach Your normal retirement age at Your place of Work or normal state retirement age whichever is the earlier, or;

·   when Your Mortgage or Rental

Agreement ends, or;

·   on the day on which all amounts are paid to

the Lender under the Mortgage, or;

·   If You do not pay Your Monthly Premium

due to Us under this insurance, or;

·   on the date which You are more than 3 months behind with Your monthly

repayments under Your Mortgage.

3.2 You must pay Your Monthly Mortgage Payment Protection Insurance premium each month. Each Monthly Premium covers You for one month. If Your Monthly Premium has not been paid the policy will lapse and cover will cease from the date Your Monthly Premium was due.

3.3 If Joint Applicants are covered under this insurance and one of You reaches 65 or retires before then, that person will no longer be covered. If You write and tell Us this however, the other person can then receive all the Monthly Benefit if a claim needs to be made in the future for that person.


 

3.5 We reserve the right to amend the terms of this insurance by giving You notice of Our in­tention to do so as follows;

·   To vary the cover provided, 60 days’ notice.

·   To alter the rates of premium (other than any statutory tax changes) charged during the period of cover, 60 days’ notice.

3.6 If Your circumstances change You must contact Us, at the address listed under Definitions, as soon as possible. If You do not do so, Your insurance cover may be affected. The following are some examples of circumstances that You must tell Us about: e.g. You are named on the Schedule of Insurance and You choose to give up Work; You retire from Work; You change the nature of Your Work.

3.7 In the event that fraudulent activity is proven to exist with respect to any application or claim We will end cover immediately. You will not be entitled to any refund of premium and, where

benefit has been paid, We reserve the right to reclaim all benefit payments made.


 

3.4 You may not transfer or assign Your rights or interest in this insurance to any other person. This insurance does not have any value at the End Date nor does it acquire any surrender value during the period of insurance.


 

3.8 The insurance is subject to the non inclusive jurisdiction of the English courts. If You live in Scotland or Northern Ireland the insurance is subject to the jurisdiction of the courts of the country You live in.

4 Payment of Benefits

·   We will pay benefits into the account specified on Your claim form. Disability and Unemployment benefits are paid monthly in arrears;

·   We will only pay You one type of Monthly Benefit (Disability or Unemployment) at a time in any claim period. If You are Joint Applicants, We will pay an amount to You, Disabled or Unemployed, in line with the percentages stated on Your application;

·   the maximum combined benefit payable for Disability or Unemployment claims under this insurance can be made up of Your regular monthly mortgage/rental commitments, plus any other Regular Outgoings. The maximum benefit payable is £2000 per month or 75% of Your gross monthly income whichever is lower. We will reduce Your Monthly Benefit if it is more than 75% of Your gross monthly income before You were unable to Work;

·   if You are Self Employed Your Monthly Benefit will be calculated on the monthly average of Your yearly income as declared on Your self-assessment return for the previous tax year which must be confirmed by the In land Revenue;

·   if You choose to have a voluntary 30 day Deferred Period You must be unable to Work due to Disability or Unemployment for 60 consecutive days. Thereafter You will receive an amount equal to 1/30th of Your Monthly Benefit for each consecutive day You are unable to attend Work starting from day 31 (payable monthly) subject to the Maximum Benefit;

·   if You choose to have a voluntary 60 day Deferred Period You must be unable to Work due to Disability or Unemployment for 90 consecutive days. Thereafter You will receive an amount equal to 1/30th of Your Monthly Benefit for each consecutive day You are unable to attend Work starting from day 61 (payable monthly) subject to the Maximum Benefit Period.

5 Cancellation

You have the right to cancel this policy within 30 days of receiving the Certificate of Insurance without financial penalty provided you have not made a claim. Thereafter both parties must give 60 days, notice of cancellation and no refund of premium will be given.

We reserve the right to withdraw cover should any Monthly Premium not be met within 14 days of its due date.

6 General Exclusions

There are a number of circumstances under which a claim for Monthly Benefit will not be paid.

We will not pay any Monthly Benefit if You are unable to Work due to:

·   Normal Pregnancy and Childbirth Related Conditions;

·   HIV (Human Immunodeficiency Virus) and/or any other HIV related illness including AIDS (Acquired Immune Deficiency Syndrome);

·   alcohol abuse or because You have taken drugs, other than under medical supervision and not for the treatment of drug addiction;

·   any civil unrest, terrorism, nuclear radiation or contamination from nuclear waste or any related event, or any act related to war;

·   where You have not paid Your premium;

·   where You do not tell Us about Your claim for Disability or Unemployment within 6 months of the event.

7 Unemployment Cover

When You can make a claim for, Loss of Employment Benefit. You will only be covered by this section if it is shown in Your Policy Schedule and You have paid the appropriate premium.

7.1 You may make a claim if You are

Working or are Self Employed and after the Start Date and before the End Date, You become Unemployed for longer than the Deferred Period. If there are less than 3 consecutive months of Employment between two periods of Unemployment, We will treat these two periods as one continuous claim. We will not pay any benefit for the time You were in Employment between the two periods of Unemployment. Monthly Benefit payments will only be made for the Maximum Benefit Period.

7.2 f during the period of a claim, You take temporary Work, You will not receive any payments of benefit under this policy for the time You are working. If the period of temporary Work lasts less than 180 days, the periods of Unemployment before and after the temporary Work will be treated as one continuous claim subject to the Maximum Benefit Period shown on Your Policy Schedule. You must notify Us before You take any temporary Employment.

7.3 Where the Maximum Benefit Period has been reached for any one claim You must have returned to Work for at least 6 months before You are able to claim again for Unemployment. If Your claim changes from Unemployment to Disability or from Disability to Unemployment You will only be paid for the Maximum Benefit Period.

7.4 If You are Self Employed Your business must have Ceased to Trade and You must be registered as Unemployed with the Department of Work and Pensions and registered for Jobseekers Allowance.

How much will we pay in respect of an Unemployment claim and when will it be paid?

We will pay one thirtieth of Your Monthly Benefit for each consecutive day You are Unemployed for longer than the Deferred Period. Monthly Benefit payments will be made every 30 days in arrears for up to the Maximum Benefit Period for any one claim in respect of Unemployment; If You are in receipt of a payment in lieu of notice from Your employer, the Deferred Period will begin once the period covered by the payment in lieu has elapsed.

Important Note: You should be aware that any benefit from this policy which is not used to pay the monthly Mortgage Payment, the buildings insurance premium or the Monthly

Premium for this policy may be considered by the appropriate Government Agency as income and may affect the amount of any state benefit You receive.

If You are Working on a fixed term contract basis We will pay Loss of Employment benefit if You have been in continuous Work with the same employer for at least 6 months and Your contract has been renewed at least once prior to the Start Date.


 

8 Unemployment Exclusions

• If You are considered by Us not to be making

• if the Disability is as a result of any psychiatric

When You are not covered for Loss of

a genuine and continuous effort to get Work.

illness, mental or nervous disorder including

Employment Benefit. Loss of Employment

For example, You may be asked to provide

anxiety, depression, stress or stressrelated

benefit will not be paid:

proof that You have applied for Work.

conditions unless investigated and diagnosed by

• If You did not elect to have Unemployment

 

a member of the Royal College of Psychiatrists

cover at the time of application

9 Disability Cover

and registered by that Royal College as being

• If at the Start Date You knew You were

When can You make a claim for Disability

a Consultant;

going to be made Unemployed or You had

benefit? You will only be covered by this section

• if We are paying You benefit for Loss of

reason to believe that it was likely to happen

if it is shown in Your Policy Schedule and You

Employment at the time of Your Disability;

• Your Loss of Employment begins within the

have paid the appropriate premium.

• where You undergo any Elective Surgical

Qualifying Period

9.1 You may make a Disability claim if You are

Procedure including cosmetic and similar

• If as a Self Employed person Your business

Working and, after the Start Date and before

surgery;

temporarily stops trading

the End Date You become Disabled for longer

• if the Disability is caused by any backache and

• If You are on casual, temporary, or occasional

than the Deferred Period.

related conditions unless there is additional

contract and Loss of Employment is due to

9.2 We will only pay You Disability benefit if a

medical evidence (for example x-rays or MRI

the expiry of the contract

Doctor is to treat You for the conditions caus‑

scan) of medical abnormality which We may

• If Your Work is seasonal and Loss of

ing Your Disability. We will not pay any

require to validate Your claim;

Employment is a normal part of it or Loss of

subsequent Disability claim unless You have

• for any deliberately self-inflicted injuries while

Employment is a regular feature of Your

been in Work for a further 30 days and the

sane or insane;

Work

Disability is different or a further 180 days if the

• if You are Working outside the UK for more

• If You are Working on a specific project and

Disability is the same.

than 30 days in a row unless Working for the

this project finishes

9.3 We will not consider the Disability as hav‑

British Armed Forces, or as a civil servant in a

• If You are Working outside the United

ing commenced until the day on which You first

British Embassy or consulate;

Kingdom for more than 30 days in a row,

consult a Doctor for the Disability giving rise

• drinking alcohol or taking drugs unless Your

unless You are Working for the British

to the claim (other than the statutory

Doctor tells You to, provided Your Doctor’s

Armed Forces or as a Civil Servant in a

self-certification period).

advice is not part of a treatment for alcoholism

British Embassy or Consulate or unless You

 

or drug addiction.

are Working for an employer that is a United

How much will we pay in respect of a

 

Kingdom registered company who assigns

Disability claim and when will it be paid?

11 Making a Claim

You to Work in a member country of the

We will pay one thirtieth of Your Monthly

You must comply with the following Conditions

European Union on the same terms and

Benefit for each consecutive day You are

to have the full protection of Your policy. If You do

conditions

Disabled.

not comply with them, We may at Our discretion

• If You are not actively seeking and applying

 

cancel the policy or refuse to deal with Your

for new Employment

Monthly Benefit payments will be made every

claim or reduce the amount of any claim payment.

• If We are paying You Disability benefit

30 days in arrears for up to the Maximum

 

• If You have not been in Employment for six

Benefit Period for any one claim in respect of

How do You make a claim?

consecutive months since Your last Loss of

Disability.

You must contact Us Hitachi Capital Insurance

Employment claim. If You were out of Work

 

Europe Ltd, 2 Apex View. Leeds LS1 1 9BH.

for 2 weeks or less, We will not count this as

10 Disability Exclusions

Telephone 0870 609 2083.

a break in Your Employment

When You are not covered for Disability

 

• dismissed for misconduct, dishonesty or

Benefit. Disability will not be paid:

To request a claim form;

fraud or any act You carried out

• if You did not elect to have Disability cover

You must complete the claim form fully and

• a strike or lock-out in which You were

at the time of application;

accurately and return it to Us at the above

participating

• if the Disability is arising from any medical

address. This claim form should be received

• If You have reached Your normal retirement

condition, injury, illness, disease, sickness or

by Us as soon as possible but within a

age

related medical condition and/or associated

maximum of 120 days of the day Your

• If Loss of Employment is the result of

symptoms, whether diagnosed or not which

Unemployment or Disability began;

voluntary redundancy, You voluntarily leaving

You knew about or should reasonably have

• during Your claim You may be requested, on

Your existing Employment (which includes

known about at the Start Date; or have seen or

a monthly basis, to complete a continuing or

ending Your Work voluntarily during a period

arranged to see a Doctor about during the 12

supplementary claim form at Your own

of notice given by Your employer) or You

months immediately preceding the Start Date;

expense for each month You are claiming.

tendering Your resignation for whatever

• if the Disability is caused by or results directly

You should return the form to Us together

reason

from Normal Pregnancy and Childbirth

with any supporting documentation

• If Your Loss of Employment is as a result of