Paragraph 5 Liable or treated as liable to make payments

(1)

A claimant is liable to make owner-occupier payments where in the case of a single claimant, the claimant or the claimant’s partner (if any), or, in the case of joint claimants, either member of the couple, has a liability to make the payments.

(2)

A claimant is to be treated as liable to make owner-occupier payments where—

(a)

the person who is liable to make the payments is a child or qualifying young person for whom the claimant is responsible;

(b)

all of the following conditions are met—

(i)

the person who is liable to make the payments is not doing so;

(ii)

the claimant has to make the payments in order to continue occupation of the relevant accommodation;

(iii)

the claimant’s circumstances are such that it would be unreasonable to expect them to make other arrangements; and

(iv)

it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments; or

(c)

the claimant—

(i)

has a liability to make the payments which is waived by the person (“P”) to whom the liability is owed; and

(ii)

the waiver of that liability is by way of reasonable compensation for reasonable repair or re-decoration works carried out by the claimant to the relevant accommodation which P would otherwise have carried out or been required to carry out.

(3)

F1Sub-paragraph (1) does not apply to a person in a polygamous marriage who is a single claimant by virtue of regulation 3(4) of the UC Regulations^f1.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 5(3) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(15)

Footnotes

f1: There have been amendments to regulation 3 which are not relevant to these Regulations.