Paragraph 18
England, Wales and Scotland
Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—
that the loan was made as part of a scheme under which not less than 90% of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with that person's life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 F1or, if it was higher at that time, pensionable age;
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as that person's home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 F2 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act F3;
in any other case the interest which is payable on the loan without deduction of such a sum.
Annotations
Textual amendments
- F1
Words in Sch. 8 para. 18(c) inserted (6.12.2018) by The Social Security (Miscellaneous Amendments No. 5) Regulations 2017 (S.I. 2017/1187), regs. 1(2)(b), 8
- F2
- F3
Subsection (1A) of section 369 was inserted by the Finance Act 1999 (c. 16), Schedule 4, paragraph 4.
Notes on the whole SI
Textual amendments
- F1
Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
- F2
Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
- F3
Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
- F4
Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
- F5
- F6
- F7