The Loans for Mortgage Interest Regulations (Northern Ireland) 2017
- “period of study” has the meaning—in the case of income support and state pension credit, in regulation 2(1) of the IS Regulations ;in the case of jobseekers allowance, in regulation 1(2) of the JSA Regulations ;in the case of employment and support allowance, in regulation 2(1) of the ESA Regulations (interpretation);
- “residential accommodation” means accommodation which is a residential care home, a nursing home, an Abbeyfield Home or independent hospital;
- “residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;
- “training course” means a course of training or instruction provided wholly or partly by or on behalf of, or in pursuance of arrangements made with, or approved by or, on behalf of, a government department.
- (2) In this Schedule, a reference to a claimant being liable to make owner-occupier payments is to be read as a reference to a person being treated as liable to make owner-occupier payments under Schedule 2 (circumstances in which a claimant is, or is to be treated as, liable to make owner-occupier payments).
PART 2 — Legacy benefit claimants and SPC claimants
Application of Part 2
2
This Part applies to legacy benefit claimants and SPC claimants.
Occupying accommodation: general rule
3
- (1) Subject to the following paragraphs of this Part, the accommodation which the claimant occupies as the claimant's home or, if the claimant is a member of a family, the claimant and the claimant's family occupy as their home, is the accommodation which is normally occupied as the home.
- (2) In determining whether accommodation is the accommodation normally occupied as the home for the purposes of sub-paragraph (1), regard shall be had to any other dwelling occupied by the claimant or, if the claimant is a member of a family, by the claimant and the claimant's family whether or not that other dwelling is in Northern Ireland.
Full-time study
4
- (1) Subject to sub-paragraph (2), where a claimant is a full-time student or on a training course and is liable to make owner-occupier payments in respect of either (but not both)—
- (a) the accommodation which the claimant occupies for the purpose of attending the course of study or training course; or
- (b) the accommodation which the claimant occupies when not attending the course of study or training course,
the claimant shall be treated as occupying as the claimant's home the accommodation in respect of which the claimant is liable to make the owner-occupier payments.
- (2) A claimant who is a full-time student shall not be treated as occupying accommodation as the claimant's home for any week of absence from it outside the period of study, other than an absence occasioned by the need to enter hospital for treatment.
Living in other accommodation during essential repairs
5
Where the claimant—
- (a) has been required to move into temporary accommodation by reason of essential repairs being carried out to the accommodation which the claimant occupies as claimant's home (“the home accommodation”); and
- (b) is liable to make owner-occupier payments in respect of either (but not both) the home accommodation or the temporary accommodation,
the claimant shall be treated as occupying as the claimant's home the accommodation in respect of which the claimant is liable to make those payments.
Living in other accommodation due to fear of violence, where a claimant's partner is a full-time student or where moving into new accommodation
6
Where a claimant is liable to make owner-occupier payments in respect of 2 dwellings, the claimant shall be treated as occupying both dwellings as the claimant's home—
- (a) where—
- (i) the claimant has left and remains absent from the accommodation which the claimant occupies as the claimant's home (“the home accommodation”) through fear of violence in the home or of violence by a close relative or former partner, and
- (ii) it is reasonable that owner-occupier payments should be met in respect of both the claimant's home accommodation and the claimant's present accommodation which the claimant occupies as the home;
- (b) in the case of a couple or a member of a polygamous marriage, where—
- (i) one partner is a full-time student or is on a training course and it is unavoidable that the members of the couple or polygamous marriage should occupy 2 separate dwellings, and
- (ii) it is reasonable that owner-occupier payments should be met in respect of both dwellings; or
- (c) where—
- (i) the claimant has moved into new accommodation occupied as the claimant's home, except where paragraph 5 applies, for a period not exceeding 4 benefit weeks from the first day of the benefit week in which the move occurs, and
- (ii) the claimant's liability to make owner-occupier payments in respect of both the new accommodation and the accommodation from which the move was made is unavoidable.
Moving in delayed for certain reasons
7
- (1) Where—
- (a) a claimant was delayed in moving into accommodation (“the new accommodation”) and was liable to make owner-occupier payments in respect of that accommodation before moving in; and
- (b) the delay was reasonable and one of the conditions in sub-paragraphs (2) to (4) applies,
the claimant shall be treated as occupying the new accommodation as the claimant's home for the period of delay, not exceeding 4 weeks immediately prior to the date on which the claimant moved into the new accommodation.
- (2) The first condition is that the delay occurred in order to adapt the accommodation to meet the needs of the claimant or a member of the claimant's family who is a disabled person.
- (3) The second condition is that—
- (a) the move was delayed pending local welfare provision to meet a need arising out of the move or in connection with setting up the claimant's home in the new accommodation; and
- (b) in the case of a legacy benefit claimant only—
- (i) a member of the claimant's family is aged 5 or under,
- (ii) the claimant's applicable amount includes a pensioner premium or disability premium under Schedule 2 to the IS Regulations, Schedule 1 to the JSA Regulations or Schedule 4 to the ESA Regulations, or
- (iii) a child tax credit is paid for a member of the claimant's family who is disabled or severely disabled for the purposes of section 9(6) of the Tax Credits Act 2002 ;
- (4) The third condition is that the claimant became liable to make owner-occupier payments in respect of the accommodation while the claimant was a patient or was in a residential home.
Temporary absence to try new accommodation of up to 13 weeks
8
- (1) This sub-paragraph applies to a claimant who enters residential accommodation—
- (a) for the purpose of ascertaining whether the accommodation suits the claimant's needs; and
- (b) with the intention of returning to the accommodation which the claimant occupies as the claimant's home (“the home accommodation”) in the event that the residential accommodation proves not to suit the claimant's needs,
and while in the residential accommodation, the home accommodation is not let or sub-let to another person.
- (2) A claimant to whom sub-paragraph (1) applies shall be treated as occupying the home accommodation during the period of absence, not exceeding 13 weeks in which the claimant is resident in the residential accommodation, but only where the total absence from the home accommodation does not exceed 52 consecutive weeks.
Temporary absence of up to 13 weeks
9
A claimant, except where paragraph 10 applies, shall be treated as occupying accommodation as the claimant's home throughout any period of absence not exceeding 13 weeks, where—
- (a) the claimant intends to return to occupy the accommodation as the claimant's home;
- (b) the part of the accommodation occupied by the claimant has not been let or sub-let to another person; and
- (c) the period of absence is unlikely to exceed 13 weeks.
Absences for certain reasons up to 52 weeks
10
- (1) Where sub-paragraph (2) applies, a claimant is to be treated as occupying accommodation as the claimant's home (“the home accommodation”) during any period of absence from it not exceeding 52 weeks beginning with the first day of that absence.
- (2) This paragraph applies where a claimant's absence from the home accommodation is temporary and—
- (a) the claimant intends to return to occupy the home accommodation;
- (b) the home accommodation has not been let or sub-let;
- (c) the claimant is—
- (i) detained in custody on remand pending trial or, as a condition of bail, required to reside in a dwelling, other than the home accommodation,
- (ii) detained pending sentence upon conviction,
- (iii) resident in a hospital or similar institution as a patient,
- (iv) undergoing or, the claimant's partner or child, or in the case of a SPC claimant, a person who has not attained the age of 20, is undergoing medical treatment, or medically approved convalescence, in accommodation other than residential accommodation,
- (v) undertaking a training course,
- (vi) undertaking medically approved care of another person,
- (vii) undertaking the care of a child or, in the case of an SPC claimant, a person under the age of 20 whose parent or guardian is temporarily absent from the dwelling occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment,
- (viii) a person who is receiving medically approved care provided in accommodation other than a residential home,
- (ix) a full-time student to whom paragraph 4(1) or 6(b) does not apply,
- (x) a person, other than a person to whom paragraph 8(1) applies, who is receiving care provided in residential accommodation, or
- (xi) a person to whom paragraph 6(a) does not apply and who has left the home accommodation through fear of violence in that accommodation, or by a person who was formerly his or her partner or is a close relative; and
- (d) the period of the claimant's absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.
PART 3 — UC claimants
Application of Part 3
11
This Part applies to UC claimants.
Occupying accommodation: general rule
12
- (1) Subject to the following paragraphs of this Part, the accommodation which the claimant occupies as the claimant's home is the accommodation which the claimant normally occupies as the home.
- (2) Where the claimant occupies more than one dwelling, in determining whether accommodation is the accommodation normally occupied as the home for the purposes of sub-paragraph (1), regard is to be had to all the circumstances including (among other things) any persons with whom the claimant occupies each dwelling.
Living in other accommodation due to essential repairs
13
- (1) Where a claimant—
- (a) is required to move into accommodation (“the other accommodation”) on account of essential repairs being carried out to the accommodation the claimant occupies as the claimant's home (“the home accommodation”);
- (b) intends to return to the home accommodation; and
- (c) is liable to make owner-occupier payments in respect of either the other accommodation or the home accommodation (but not both),
the claimant is to be treated as occupying as the claimant's home the accommodation in respect of which the owner-occupier payments are made.
Moving homes: adaptations to new homes for disabled person
14
- (1) Sub-paragraph (2) applies where—
- (a) a claimant has moved into accommodation (“the new accommodation”) and, immediately before the move, was liable to make owner-occupier payments in respect of the new accommodation; and
- (b) there was a delay in moving in to adapt the new accommodation in order to meet the needs of a disabled person.
- (2) The claimant is to be treated as occupying both the new accommodation and the accommodation from which the move was made (“the old accommodation”) if—
- (a) immediately before the move, the claimant was receiving loan payments or, in the case of an existing claimant, a qualifying benefit which includes an amount for owner-occupier payments, in respect of the old accommodation; and
- (b) the delay in moving into the new accommodation was reasonable.
- (3) A person is disabled under this Part if the person is—
- (a) a claimant or any child or qualifying young person for whom the claimant is responsible; and
- (b) in receipt of—
- (i) the care component of disability living allowance at the middle or highest rate,
- (ii) attendance allowance, or
- (iii) the daily living component of personal independence payment.
- (4) No claimant may be treated as occupying both the old accommodation and the new accommodation under this paragraph for more than one month.
Living in other accommodation due to fear of violence
15
- (1) Sub-paragraphs (2) and (3) apply applies where—
- (a) a claimant is occupying accommodation (“the other accommodation”) other than the accommodation which the claimant occupies as the claimant's home (“the home accommodation”);
- (b) it is unreasonable to expect the claimant to return to the home accommodation on account of the claimant's reasonable fear of violence in the home, or by a former partner, against the claimant or any child or qualifying young person for whom the claimant is responsible; and
- (c) the claimant intends to return to the home accommodation.
- (2) The claimant is to be treated as occupying both the home accommodation and the other accommodation as the claimant's home if—
- (a) the claimant is liable to make payments in respect of both the other accommodation and the home accommodation; and
- (b) it is reasonable to make loan payments in respect of both the home accommodation and the other accommodation.
- (3) Where the claimant is liable to make owner-occupier payments in respect of one accommodation only, the claimant is to be treated as occupying that accommodation as the claimant's home but only if it is reasonable to make loan payments in respect of that accommodation.
- (4) No claimant may be treated as occupying both the home accommodation and the other accommodation under this paragraph for more than 12 months.
Moving in delayed by adaptations to accommodation to meet needs of disabled person
16
- (1) The claimant is to be treated as having occupied accommodation before the claimant moved into it where—
- (a) the claimant has since moved in and, immediately before the move, the claimant is liable to make payments in respect of that accommodation;
- (b) there was delay in moving in that was necessary to enable the accommodation to be adapted to meet the needs of a disabled person; and
- (c) it was reasonable to delay moving in.
- (2) No claimant may be treated as occupying accommodation under this paragraph for more than one month.
Moving into accommodation following a stay in hospital or a residential care home, nursing home or independent hospital
17
- (1) The claimant is to be treated as having occupied accommodation before he or she moved into it where—
- (a) the claimant has since moved in and, immediately before the move, the claimant was liable to make payments in respect of that accommodation; and
- (b) the liability to make the payments arose while the claimant was a patient or accommodated in a residential care home, nursing home or independent hospital (or, in the case of joint claimants, where both individuals were patients or were accommodated in a residential care home, nursing home or independent hospital).
- (2) No claimant may be treated as occupying the accommodation under this paragraph for more than one month.
Temporary absence exceeding 6 months
18
- (1) Subject to sub-paragraph (2), a claimant is to be treated as no longer occupying accommodation from which the claimant is temporarily absent where the absence exceeds, or is expected to exceed, 6 months.
- (2) Where a claimant who falls within paragraph 15 is temporarily absent from the relevant accommodation the claimant is to be treated as no longer occupying that accommodation where the absence exceeds, or is expected to exceed, 12 months.
SCHEDULE 4 — Direct payments to qualifying lenders
Direct payments
1
Each loan payment made to a qualifying lender directly under regulation 17(1) (direct payments to qualifying lenders) shall be the amount calculated under paragraph 2 ... of this Schedule.
Determining the amount to be paid to a qualifying lender: one or more qualifying loans
2
- (1) Where one qualifying loan or alternative finance arrangement has been provided to a claimant by a qualifying lender, the amount that is to be paid direct to that lender is the amount of each loan payment.
- (2) Where more than one qualifying loan or alternative finance arrangement has been provided to a claimant by a qualifying lender, the amount that is to be paid direct to that lender is the amount of each loan payment in respect of each of those loans or alternative finance arrangements added together.
Determining the amount to be paid to a qualifying lender: more than one qualifying loan
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualifying lenders to apply direct payments to discharge of claimant's liability
4
Where a direct payment is made under regulation 17(1) (direct payments to qualifying lenders) to a qualifying lender, the lender must apply the amount of the payment determined under either paragraph 2 or 3 of this Schedule towards discharging the claimant's liability to make owner-occupier payments in respect of which the direct payment was made.
Application by qualifying lenders of any amount which exceeds liability
5
- (1) Where—
- (a) a direct payment is made to a qualifying lender under regulation 17(1) (direct payments to qualifying lenders); and
- (b) the amount paid exceeds the claimant's liability to make owner-occupier payments to the qualifying lender,
the qualifying lender must apply the amount of excess in accordance with sub-paragraph (2).
- (2) Subject to sub-paragraph (3), the qualifying lender must apply the amount of excess as follows—
- (a) first, towards discharging the amount of any liability of the claimant for arrears of owner-occupier payments in respect of the qualifying loan or alternative finance arrangement in question;
- (b) if any amount of the excess is then remaining, towards discharging any liability of the claimant to repay—
- (i) the principal sum in respect of the qualifying loan or alternative finance arrangement, or
- (ii) any other sum payable by the claimant to that lender in respect of that qualifying loan or alternative finance arrangement.
- (3) Where owner-occupier payments on 2 or more qualifying loans or alternative finance arrangements are payable to the same qualifying lender, the lender must apply the amount of the excess as follows—
- (a) first, towards discharging the amount of any liability of the claimant for arrears of owner-occupier payments in respect of the qualifying loan or alternative finance arrangement in respect of which the excess amount was paid;
- (b) if any amount of the excess is then remaining, towards discharging any liability of the claimant to repay—
- (i) in respect of the loan or alternative finance arrangement referred to in sub-paragraph (3)(a), the principal sum or any other sum payable by the claimant to that lender, or
- (ii) in respect of any other loan or alternative finance arrangement, any sum payable by the claimant to that lender where the liability to pay that sum is not already discharged.
Fees payable by qualifying lenders
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Election not to be regarded as a qualifying lender
7
- (1) A body or person who would otherwise be within the definition of “qualifying lender” in the Order—
- (a) may elect not to be regarded as such for the purposes of these Regulations by giving notice to the Department in writing; and
- (b) may revoke any such notice by giving a further notice in writing.
- (2) In respect of any financial year, a notice under sub-paragraph (1) which is given not later than 1st February before the start of the financial year, takes effect on 1st April following the giving of the notice.
- (3) Where a body or person becomes a qualifying lender in the course of a financial year—
- (a) any notice of an election by the body or person under sub-paragraph (1)(a) must be given within 6 weeks (“the initial period”) beginning with the date on which the body or person becomes a qualifying lender; and
- (b) no direct payments may be made under regulation 17(1) (direct payments to qualifying lenders) to the body or person before the expiry of the initial period.
- (4) Sub-paragraph (3)(b) does not apply in any case where—
- (a) the person or body gives the Department notice in writing that that provision should not apply; and
- (b) the notice is given before the start of the initial period or before that period expires.
- (5) In relation to a notice under sub-paragraph (1)—
- (a) where the notice is given by an electronic communication, it must be given in accordance with Schedule 1 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 ;
- (b) where the notice is sent by post, it is to be treated as having been given on the day the notice was received.
Provision of information
8
- (1) A qualifying lender must, in respect of the claimant, provide the Department with information as to—
- (a) the owner-occupier payments payable by the claimant to the lender;
- (b) the amount of the qualifying loan or alternative finance arrangement in respect of which owner-occupier payments are payable;
- (c) the purpose for which the qualifying loan or alternative finance arrangement was made;
- (d) the amount outstanding on the qualifying loan or alternative finance arrangement;
- (e) the amount of arrears of owner-occupier payments due in respect of the qualifying loan or alternative finance payment;
- (f) any change in the owner-occupier payments payable by the claimant to the lender; and
- (g) the redemption of the qualifying loan or alternative finance arrangement,
in the circumstances specified in sub-paragraphs (2), (3) and (6).
- (2) The information referred to in sub-paragraph (1)(a) to (e) must be provided at the request of the Department where the claimant has made a claim for a qualifying benefit, provided that the Department may only make one request under this sub-paragraph.
- (3) The information referred to in sub-paragraph (1)(d) and (f) must be provided where the Department makes a request for that information on or after the first day in respect of which loan payments are paid, or to be paid, to the qualifying lender on behalf of the claimant (“the first day”), provided that the Department may only make a request under this sub-paragraph once in each period of 12 months referred to in sub-paragraph (4).
- (4) The period of 12 months is the period of 12 months beginning with the first day and each subsequent period of 12 months commencing on the anniversary of that day.
- (5) A request may be made under sub-paragraph (3) for the information referred to in sub-paragraph (1)(d) even though that information has been requested in the same 12 month period (as referred to in sub-paragraph (4)) under sub-paragraph (2).
- (6) The information referred to in sub-paragraph (1)(g) must be provided to the Department as soon as reasonably practicable once the qualifying lender has received notice that the qualifying loan or alternative finance arrangement is to be redeemed.
Recovery of sum wrongly paid
9
- (1) In the following circumstances, a qualifying lender must at the request of the Department repay any amount paid to the lender under regulation 17(1) (direct payments to qualifying lenders) which ought not to have been paid.
- (2) The circumstances are that, in respect of a claimant—
- (a) the loan payments are terminated under regulation 9(2) (duration of loan payment);
- (b) the qualifying loan or alternative finance arrangement in respect of which owner-occupier payments are made has been redeemed; or
- (c) both of the conditions in sub-paragraphs (3) and (4) are met.
- (3) The first condition is that the amount of each loan payment determined under regulation 10 (calculation of each loan payment) is reduced as a result of—
- (a) the standard rate determined under regulation 13 (standard rate to be applied under regulations 11 and 12) having been reduced; or
- (b) the amount outstanding on the qualifying loan or alternative finance arrangement having been reduced.
- (4) The second condition is that no corresponding reduction was made to the amount calculated in respect of the qualifying lender under paragraph 2 or 3 of this Schedule.
- (5) A qualifying lender is not required to make a repayment in the circumstances described in sub-paragraph (2)(a) unless the Department's request is made before the end of the period of 2 months starting with the date on which the loan payments are terminated.
SCHEDULE 5 — Consequential amendments
1
The IS Regulations are amended as follows—
- (a) in regulation 6(5)(c) —
- (i) in head (i) for “under paragraphs 15 to 17” substitute “ under paragraph 17 ”,
- (ii) in head (ii) for “under paragraphs 14 to 16” substitute “ under paragraph 16 ”,
- (iii) in head (iii) for “under paragraphs 16 to 18” substitute “ under paragraph 18 ”;
- (b) in regulation 17(1) in sub-paragraph (e) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (c) in regulation 18(1) in sub-paragraph (f) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (d) in Schedule 3—
- (i) in paragraph 1(1)(b) for “under paragraphs 15 to 17” substitute “ under paragraph 17 ”,
- (ii) in paragraph 1(2) the definition of “standard rate” is omitted,
- (iii) in paragraph 1A(1)(a) —
- (aa) for “under paragraphs 14 to 16 of Schedule 2” substitute “ under paragraph 16 of Schedule 2 ”; and
- (bb) for “paragraphs 16 to 18 of Schedule 6” substitute “ paragraph 18 of Schedule 6 ”,
- (iv) in paragraph 1A(1A)(a) for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,
- (v) in paragraph 4 omit sub-paragraphs (2) to (12),
- (vi) in paragraph 8 omit sub-paragraphs (1)(a)(i), (1A) and (1B),
- (vii) in paragraph 9 omit sub-paragraph (2)(a)(i),
- (viii) omit paragraphs 10 to 13 ,
- (ix) in paragraph 14 —
- (aa) omit sub-paragraph (3AA);
- (bb) in sub-paragraph (6)(b) for “any loan or payment which qualifies under paragraphs 15 to 17” substitute “ any payment which qualifies under paragraph 17 ”,
- (x) omit paragraphs 15 and 16 ,
- (xi) in paragraph 17 —
- (aa) for the heading substitute “ Housing costs ”;
- (bb) in sub-paragraph (2)(c) omit “, and for this purpose the expression “repairs and improvements” has the same meaning it has in paragraph 16(2)”;
- (cc) after sub-paragraph (4) add—
(5) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling— (a) provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system; (b) repairs to existing heating system; (c) damp proof measures; (d) provision of ventilation and natural lighting; (e) provision of drainage facilities; (f) provision of facilities for preparing and cooking food; (g) provision of insulation of the dwelling occupied as the home; (h) provision of electric lighting and sockets; (i) provision of storage facilities for fuel or refuse; (j) repairs of unsafe structural defects; (k) adapting a dwelling for the special needs of a disabled person; or (l) provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.
, and
- (xii) in paragraph 18 , after sub-paragraph (2) insert—
(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.
- (e) in Schedule 9—
- (i) for paragraph 29 substitute—
(29) Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.
, and
- (ii) in paragraph 30(1)—
- (aa) in head (a) for “under Schedule 3 (housing costs” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”,
- (bb) for head (b) substitute—
(b) any charge which qualifies in accordance with paragraph 17 of Schedule 3 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);
- (cc) in head (c) for “under paragraph 15 or 16 of Schedule 3” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”;
- (dd) after sub-paragraph (2) add—
(3) In this paragraph— - “Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations (Northern Ireland) 2017; - “loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.
2
The JSA Regulations are amended as follows—
- (a) in regulation 83 in paragraph (f) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (b) in regulation 84(1) in paragraph (g) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (c) in regulation 86A in paragraph (d) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (d) in regulation 86B in paragraph (e) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (e) in regulation 87 omit paragraphs (4) and (5);
- (f) in Schedule 2—
- (i) in paragraph 1(1)(b) for “under paragraphs 14 to 16” substitute “ under paragraph 16 ”,
- (ii) in paragraph 1(2) omit the definition of “standard rate”,
- (iii) in paragraph 1A(1)(a) —
- (aa) for “under paragraphs 15 to 17 of Schedule 3” substitute “ under paragraph 17 of Schedule 3 ”; and
- (bb) for “paragraphs 16 to 18 of Schedule 6” substitute “ under paragraph 18 of Schedule 6 ”,
- (iv) in paragraph 1A(1ZA)(a) for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,
- (v) in paragraph 1A(1A)(a) —
- (aa) for “under paragraph 15 or 16 of Schedule 3” substitute “ under paragraph 17 of Schedule 3 ”; and
- (bb) for “paragraph 16 or 17 of Schedule 6” substitute “ under paragraph 18 of Schedule 6 ”,
- (vi) in paragraph 1A(1B)(a) , for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,
- (vii) in paragraph 4 omit sub-paragraphs (2) to (12),
- (viii) in paragraph 7 omit sub-paragraphs (1)(a)(i), (2), (2A) and (2B),
- (ix) in paragraph 8 omit sub-paragraph (2)(a)(i),
- (x) omit paragraphs 9 to 12 ,
- (xi) in paragraph 13 —
- (aa) omit sub-paragraph (4A);
- (bb) in sub-paragraph (9)(b) for “any loan or payment which qualifies under paragraphs 14 to 16” substitute “ any payment which qualifies under paragraph 16 ”,
- (xii) omit paragraphs 14 and 15 ,
- (xiii) in paragraph 16 —
- (aa) for the heading substitute “ Housing costs ”;
- (bb) in sub-paragraph (2)(c) omit “, and for this purpose the expression “repairs and improvements” has the same meaning it has in paragraph 15(2)”;
- (cc) after sub-paragraph (4) add—
(5) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling— (a) provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system; (b) repairs to existing heating system; (c) damp proof measures; (d) provision of ventilation and natural lighting; (e) provision of drainage facilities; (f) provision of facilities for preparing and cooking food; (g) provision of insulation of the dwelling occupied as the home; (h) provision of electric lighting and sockets; (i) provision of storage facilities for fuel or refuse; (j) repairs of unsafe structural defects; (k) adapting a dwelling for the special needs of a disabled person; or (l) provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.
- (xiv) in paragraph 17 after sub-paragraph (2) insert—
(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.
; and
- (xv) in paragraph 18 omit sub-paragraph (2).
- (g) in Schedule 6—
- (i) for paragraph 30 substitute—
(30) Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.
, and
- (ii) in paragraph 31(1)—
- (aa) in head (a) for “under Schedule 2 (housing costs)” substitute “under Schedule 1 to the Loans for Mortgage Interest Regulations”;
- (bb) for head (b) substitute—
(b) any charge which qualifies in accordance with paragraph 16 of Schedule 2 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);
- (cc) in head (c) for “under paragraph 14 or 15 of Schedule 2” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”;
- (dd) after sub-paragraph (2) add—
(3) In this paragraph— - “Loans for mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations (Northern Ireland) 2017; - “loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.
3
Schedule 2 of the SPC Regulations is amended as follows—
- (a) in paragraph 1 —
- (i) in sub-paragraph (1)(b) for “under paragraphs 11 to 13” substitute “ under paragraph 13 ”,
- (ii) in sub-paragraph (2) omit the definition of “standard rate”;
- (b) in paragraph 5 omit sub-paragraphs (2) to (13);
- (c) omit paragraphs 7 to 12 ;
- (d) in paragraph 13 —
- (i) for the heading substitute “ Housing costs ”,
- (ii) in sub-paragraph (2)(c) omit “, and for this purpose the expression “repairs and improvements” has the same meaning it has in paragraph 12(2)”,
- (iii) after sub-paragraph (4) add—
(5) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling— (a) provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system; (b) repairs to existing heating system; (c) damp proof measures; (d) provision of ventilation and natural lighting; (e) provision of drainage facilities; (f) provision of facilities for preparing and cooking food; (g) provision of insulation of the dwelling occupied as the home; (h) provision of electric lighting and sockets; (i) provision of storage facilities for fuel or refuse; (j) repairs of unsafe structural defects; (k) adapting a dwelling for the special needs of a disabled person; or (l) provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.
; and
- (e) in paragraph 14 after sub-paragraph (2) insert—
(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.
4
The ESA Regulations are amended as follows—
- (a) in regulation 67(1) in sub-paragraph (c) for “mortgage interest repayments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (b) in regulation 68(1) in sub-paragraph (d) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;
- (c) in Schedule 6—
- (i) in paragraph 1(1)(b) for “under paragraph 16 to 18” substitute “ under paragraph 18 ”,
- (ii) in paragraph 1(2) omit the definition of “standard rate”,
- (iii) in paragraph 3 —
- (aa) in sub-paragraph (1)(a) for “under paragraphs 14 to 16 of Schedule 2” substitute “ under paragraph 16 of Schedule 2 ” and for “paragraphs 15 to 17 of Schedule 3” substitute “ paragraph 17 of Schedule 3 ”;
- (bb) in paragraph (2)(a) for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,
- (iv) in paragraph 6 omit sub-paragraphs (2) to (14),
- (v) in paragraph 9 omit sub-paragraphs (1)(a)(i) and (2),
- (vi) in paragraph 10 omit sub-paragraph (2)(a)(i),
- (vii) omit paragraphs 11 to 14
- (viii) in paragraph 15 —
- (aa) omit sub-paragraph (6);
- (bb) in sub-paragraph (12)(b) for “any loan or payment which qualifies under paragraphs 16 to 18” substitute “ any payment which qualifies under paragraph 18 ”,
- (ix) omit paragraphs 16 and 17,
- (x) in paragraph 18—
- (aa) for the heading substitute “ Housing costs ”;
- (bb) in sub-paragraph (2)(c) omit “, and for this purpose “repairs and improvements” has the meaning given by paragraph 17(2)”;
- (cc) after sub-paragraph (4) add—
(5) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling— (a) provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system; (b) repairs to existing heating system; (c) damp proof measures; (d) provision of ventilation and natural lighting; (e) provision of drainage facilities; (f) provision of facilities for preparing and cooking food; (g) provision of insulation of the dwelling occupied as the home; (h) provision of electric lighting and sockets; (i) provision of storage facilities for fuel or refuse; (j) repairs of unsafe structural defects; (k) adapting a dwelling for the special needs of a disabled person; or (l) provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.
- (xi) in paragraph 19 after sub-paragraph (2) insert—
(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.
; and
- (xii) in paragraph 20 omit sub-paragraph (2).
- (d) in Schedule 8—
- (i) for paragraph 30 substitute—
(30) Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.
, and
- (ii) in paragraph 31(1)—
- (aa) in head (a) for “under Schedule 6” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”,
- (bb) for head (b) substitute—
(b) any charge which qualifies in accordance with paragraph 18 of Schedule 6 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);
- (cc) in head (c) for “under paragraph 16 or 17 of that Schedule” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”;
- (dd) after sub-paragraph (2) add—
(3) In this paragraph— - “Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations (Northern Ireland) 2017; - “loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.
5
The UC Regulations are amended as follows—
- (a) in regulation 26 omit paragraph (2)(b);
- (b) in regulation 27 omit paragraph (3)(b)(i);
- (c) in regulation 27 in paragraph (3)(b)(ii) omit “only”;
- (d) in regulation 66 —
- (i) in paragraph (1)(h)(i) omit “or”, and
- (ii) omit paragraph (1)(h)(ii);
- (e) in Schedule 1—
- (i) in paragraph 3(f), for “within the meaning of paragraph 5” substitute “ within the meaning of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 ”,
- (ii) omit paragraphs 5 to 7,
- (iii) in paragraph 8(3)(a) for “a loan that falls within paragraph 6” substitute “ a qualifying loan within the meaning of regulation 2 of the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 ”;
- (f) in Schedule 5—
- (i) in paragraph 2 omit the definitions of “alternative finance arrangements”, “alternative finance payments”, “loan interest payments” and “standard rate”,
- (ii) for paragraph 3(1) substitute—
(1) “Relevant payments” means one or more payments which are service charge payments.
- (iii) omit paragraph 3(2),
- (iv) in paragraph 3(3) for “that Schedule” substitute “ Schedule 1 ”,
- (v) in paragraph 9 for “the aggregate of the amounts resulting from paragraphs 10, 11 and 13” substitute “ the amount resulting from paragraph 13 ”, and
- (vi) omit paragraphs 10 to 12.
6
In regulation 30(1)(b) of the Transitional Provisions Regulations —
- (a) in head (i) for “paragraphs 14 to 16 of Schedule 2” substitute “ paragraph 16 of Schedule 2 ”;
- (b) in head (ii) for “paragraphs 16 to 18 of Schedule 6” substitute “ paragraph 18 of Schedule 6 ”; and
- (c) in head (iii) for “paragraphs 15 to 17 of Schedule 3” substitute “ paragraph 17 of Schedule 3 ”.
Signed
Signed by authority of the Secretary of State for Work and Pensions
Caroline Dinenage — Parliamentary Under-Secretary of State — 2017-08-30
Explanatory note
(This note is not part of the Regulations)
Footnotes
1992 c. 7; section 133(1) is cited for the meaning of “prescribed”. Section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21).
S.I. 1995/2705 (N.I. 15); Article 2(2) is cited for the meaning of “prescribed” and “regulations” Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671).
2002 c. 14 (N.I.); section 17(1) is cited for the meaning of “prescribed” and “regulations”.
2007 c. 2 (N.I.); section 24(1) is cited for the meaning of “prescribed” and “regulations” and section 25(2) was amended by Article 57(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.)).
Article 4 was amended by Article 4 of the Welfare Reform and Work (Northern Ireland) Order 2016. Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 are vested in the Department for Communities by virtue of Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).
S.R. 2008 No. 280; regulation 67 was amended by regulation 3(4)(a) of S.R. 2010 No. 6. Regulation 68 was amended by regulation 3(4)(b) of S.R. 2010 No. 6. Regulation 69 was amended by regulation 5(2) of S.R. 2010 No.58. Regulation 70 was amended by regulation 7(a) of S.R. 2009 No. 68, regulation 7 of S.R. 2012 No. 280, regulation 11(22) of S.R. 2013 No. 246 and regulation 7 of S.R. 2014 No. 133.
S.R. 1987 No. 459; regulation 17 was amended by regulation 2 of S.R. 1988 No. 193, regulation 4 of S.R. 1989 No. 395, regulation 4(7) of S.R. 1993 No. 373, regulation 9 of S.R. 1996 No. 199, paragraph 2(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(3) of S.R. 2003 No. 267, regulation 3 and paragraph 4 of Schedule 1 to S.R. 2005 No. 458, regulation 2(4)(a) of S.R. 2006 No. 97 and regulation 3(2)(a) of S.R. 2010 No.6. Regulation 18 was amended by regulation 5(a) and (c) of S.R. 1988 No. 274, regulation 5 of S.R. 1988 No. 318, regulation 5 of S.R. 1989 No. 249, regulation 4(8) of S.R. 1993 No. 373, regulation 10(a)(ii) and (b) of S.R. 1996 No. 199, regulation 2(1) and paragraph 4 of Part 1 of the Schedule to S.R. 2002 No. 132, paragraph 3(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(4) of S.R. 2003 No. 267, regulation 2(4)(b) of S.R. 2006 No. 97 and regulation 3(2)(b) of S.R. 2010 No.6. Regulation 19 was omitted by paragraph 5 of Part 1 of the Schedule to S.R. 2002 No. 132. Regulation 20 was omitted by paragraph 4 of Schedule 1 to S.R. 1989 No. 139. Regulation 21 was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 2(6)(a) of S.R. 1995 No. 86, regulation 12 of S.R. 1996 No. 199, regulation 2(2) of S.R. 1996 No. 449, regulation 5(2)(b)(i) of S.R. 1998 No. 81, regulation 5(4) of S.R. 2000 No. 71, paragraph 6 of the Schedule to S.R. 2002 No. 132, paragraph 4(a) of Schedule 1 to S.R. 2003 No. 195, regulation 3(a) of S.R. 2003 No. 412, regulation 3 and paragraph 5 of Schedule 1 to S.R. 2005 No. 458, paragraph 12(3) of Schedule 3 to S.R. 2005 No. 536, regulation 3(2) of S.R. 2005 No. 580, regulation 2(2) of S.R. 2006 No. 178, regulation 2(4) of S.R. 2009 No. 92 and regulation 3(2) of S.R. 2010 No. 58. Regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178 and amended by regulation 2 of S.R. 2006 No. 379, regulation 2(a) of S.R. 2009 No. 68, regulation 2 of S.R. 2012 No. 380, regulation 3(4) of S.R. 2013 No. 246 and regulation 2 of S.R. 2014 No. 133.
S.R. 1996 No. 198; regulation 83 was amended by paragraph 4 of Part 2 of the Schedule to S.R. 2002 No. 132, paragraph 2(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(3) of S.R. 2003 No. 267 and regulation 3(3)(a) of S.R. 2010 No. 6. Regulation 84 was amended by paragraph 5 of Part 2 of the Schedule to S.R. 2002 No. 132, paragraph 3(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(4) of S.R. 2003 No. 267 and regulation 3(3)(b) of S.R. 2010 No. 6. Regulation 85 was amended by regulation 5(2)(c) of S.R. 1998 No. 81, regulation 10(3)(a) of S.R. 2000 No. 71, paragraph 6 of Part 2 of the Schedule to S.R. 2002 No. 132, paragraph 4(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(5) of S.R. 2003 No. 267, regulation 9 and paragraph 4(b) and (c) of Schedule 3 to S.R. 2005 No. 458, Article 2(3) and paragraph 23(5) of Schedule 3 to S.R. 2005 No. 536, regulation 5(2) of S.R. 2005 No. 580, regulation 4(2) of S.R. 2006 No. 178 and regulation 4(4) of S.R. 2009 No. 92. Regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178 and amended by regulation 4 of S.R. 2006 No. 379, regulation 3(a) of S.R. 2009 No. 68, regulation 3 of S.R. 2012 No. 380, regulation 5 of S.R. 2013 No. 246, regulation 2 of S.R. 2013 No. 308, regulation 3 of S.R. 2014 No. 133 and regulation 2(3) of S.R. 2014 No. 263. Regulation 86 was omitted by paragraph 7 of Part 2 to the Schedule to S.R. 2002 No.132. Regulations 86A to 86C were inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350. Regulation 86A was amended by paragraph 8 of Part 2 of the Schedule to S.R. 2002 No. 132, regulation 4(6) of S.R. 2003 No. 267 and regulation 3(3)(c) of S.R. 2010 No. 6. Regulation 86B was amended by regulation 4(7) of S.R. 2003 No. 267 and regulation 3(3)(d) of S.R. 2010 No. 6. Regulation 86C was amended by paragraph 9 of Part 2 of the Schedule to S.R. 2002 No. 132, regulation 5(2)(a) and (b) of S.R. 2004 No. 143 and regulation 5(3) of S.R. 2005 No. 580.
2002 c. 14 (N.I.); section 2 was amended by paragraph 148 and 149 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).
The definition for “benefit week” was substituted by regulation 3 of S.R. 2009 No. 107.
The definition for “benefit week” was substituted by regulation 3(2) of S.R. 2009 No. 409.
Paragraph 1(3) was amended by regulation 8(4) of S.R. 2016 No. 175 and regulation 2(5)(a) of S.R. 2017 No. 51.
Paragraph 1(3) was amended by regulation 2(3)(a)(ii) of S.R. 1995 No. 434, regulation 5(7)(a) of S.R. 2006 No. 359, regulation 12(11)(a) of S.R. 2008 No. 286 and regulation 3(3) of S.R. 2016 No. 175 and paragraph 1(3)(a) of Schedule 1 to S.R. 2017 No.51.
Paragraph 1(3) was amended by regulation 13(13)(a) of S.R. 2006 No. 359, regulation 19(25) of S.R. 2008 No. 286, regulation 4 of S.R. 2016 No. 175 and paragraph 3(3)(a) of Schedule 1 to S.R. 2017 No. 51.
S.R. 2003 No. 28; the definition of “disabled person” in paragraph 1(2) was amended by regulation 7(4)(a) of S.R. 2005 No. 580, regulation 5(4)(a) of S.R. 2006 No. 97, regulation 30(1)(a)(i) of S.R. 2008 No. 286, regulation 23(5)(a) of S.I. 2013/3021, regulation 4(3)(a) of S.R. 2014 No. 275, regulation 6 of S.R. 2016 no. 175, regulation 25(5)(a) of S.R. 2016 No. 228 and paragraph 5(3) of Schedule 1 to S.R. 2017 No. 51.
The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503 as amended by S.R. 2009 No. 426.
The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503 as amended by S.R. 2009 No. 426.
Article 3(4) was amended by paragraph 3(4)(b) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and paragraph 131 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).
The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503 as amended by S.R. 2009 No. 426.
Regulation 3 was amended by Regulation 2(c) and paragraph 2(b) of Schedule 1 to S.R. 1989 No. 139, regulation 2 of S.R. 1989 No. 395, regulation 2 of S.R. 1990 No. 346, regulation 2 of S.R. 1991 No. 474, paragraph 1(b) of Schedule 12 to S.R. 1994 No. 65, regulation 2 of S.R. 1994 No. 474 and regulation 2(3) of S.R. 1995 No. 86.
Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301, paragraph 14 was amended by regulation 2(3)(i) of S.R. 1995 No. 434, regulation 24(b) of S.R. 1996 No. 199, regulation 5(10)(b) of S.R. 1996 No. 405, regulation 16(3) of S.R. 1997 No. 541, regulation 3(5) of S.R. 1998 No. 182, regulation 8(4)(b) of S.R. 1998 No. 324, regulation 3 of S.R. 1999 No. 107, regulation 2(1) of S.R. 1999 No. 315, Article 7(11)(b)(i) and (ii) of S.R. 1999 No. 472 (C. 36), regulation 3(5) of S.R. 2000 No. 241, regulation 6 of S.R. 2001 No. 78, regulation 12(b)(ii)(bb) and (iv) of S.R. 2001 No. 151, regulation 24(6)(d) of S.R. 2003 No. 191, regulation 2(7) of S.R. 2005 No. 424, regulation 5(6)(b) of S.R. 2006 No. 359, regulation 2(9)(b)(ii) and (15) of S.R. 2008 No. 112, regulation 2(8)(b) of S.R. 2008 no. 248, regulation 12(11) of S.R. 2008 No. 286, regulation 3(7) of S.R. 2011 No. 135 and regulation 2(2)(i) of S.R. 2016 No. 44.
Paragraph 13 was amended by regulation 29(5) of S.R. 1996 No. 358, regulation 2(18)(a) of S.R. 1996 No. 503, regulation 7(2) of S.R. 1997 No. 165, regulation 13(3) of S.R. 1997 No. 541, regulation 11(4) of S.R. 1998 No. 324, regulation 2(6) of S.R. 1999 No. 107, regulation 2(2) of S.R. 1999 No. 315, Article 9(17)(b) of S.R. 1999 No. 428 (C. 32), paragraph 54(8)(b) to (e) of Schedule 2 to S.R. 2000 No. 350, regulation 12(b) of S.R. 2001 No. 78, regulation 9(b)(ii)(bb) and (iii) of S.R. 2004 No. 151, regulation 32(b) of S.R. 2003 No. 191, regulation 4(7) of S.R. 2005 No. 424, regulation 13(12)(b) of S.R. 2006 No. 359, regulation 4(14) of S.R. 2008 No. 112, regulation 19(25)(e) of S.R. 2008 No. 286, regulation 3(5) of S.R. 2008 No. 290, regulation 4(8)(b) of S.R. 2008 No. 428, regulation 2(10) of S.R. 2009 No. 141, regulation 7(8) of S.R. 2011 No. 135, regulation 10(11)(b) of S.R. 2011 No. 357 and regulation 3(2)(h) of S.R. 2016 No. 44.
Paragraph 15 was amended by regulation 3(30)(d) of S.R. 2008 No. 413, regulation 14(10) of S.R. 2011 No. 135, regulation 21(15) of S.R. 2011 No. 357, regulation 5(7) of S.R. 2011 No. 368, Article 28(6)(a) of S.R. 2013 No. 3021, regulation 4(2)(h) of S.R. 2016 No. 44 and regulation 34(6)(a) of S.R. 2016 No. 228.
1992 c. 7; section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6).
Regulation 4A was inserted by regulation 4(5) of S.R. 2017 No. 1.
The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503, as amended by S.R. 2009 No. 426.
S.R. 1987 No. 459; regulation 15 was amended by regulation 4(5) of S.R. 1993 No. 373 and paragraph 3 of Schedule 1 to S.R. 2003 No. 1.
S.R. 1996 No. 198; regulation 77 was amended by paragraph 3 of Schedule 3 to S.R. 2003 No. 1.
S.R. 2008 No. 280; regulation 156 was amended by regulation 3(27) of S.R. 2008 No. 413.
Regulation 16 was amended by regulation 8(a) and (d) of S.R. 1988 No. 146, regulation 7 of S.R. 1990 No. 131, regulation 3(3)(a)(ii) and (b) of S.R. 1990 No. 387, paragraph 1(2) of Schedule 1 to S.R. 1993 No. 149, regulation 4(6) of S.R. 1993 No. 373, regulation 8 of S.R. 1996 No. 199, regulation 5(5) of S.R. 1996 No. 405, regulation 2(3) of S.R. 1998 No. 2 and regulation 3 and paragraph 3 of Schedule 1 to S.R. 2005 No. 458.
Regulation 78 was amended by regulation 18 of S.R. 1996 No. 358, regulation 8(4) of S.R. 1998 No. 2, paragraph 33 of Schedule 2 to S.R. 2000 No. 350, regulation 9 and paragraph 3 of schedule 3 to S.R. 2005 No. 458 and regulation 19(13) of S.R. 2008 No. 286.
S.R. 2003 No. 28; regulation 5 was amended by regulation 2(5)(a)(i) and (iii) of S.R. 2003 No. 421, regulation 12 and paragraph 2 of Schedule 4 to S.R. 2005 No. 458, regulation 14(2)(a) of S.R. 2006 No. 359, regulation 3(3)(b) of S.R. 2008 No. 410 and regulation 4(6) of S.R. 2017 No. 1.
Regulation 43 was amended by regulation 4(1)(c) of S.R. 2010 No. 6, regulation 17(4) of S.R. 2015 No. 146 and regulation 4(3) of S.R. 2015 No. 184.
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