{
  "url": "https://openlegislation.uk/loans-for-mortgage-interest-regulations-2017/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/loans-for-mortgage-interest-regulations-2017/schedule-2/paragraph-5.json",
  "legislation": "uksi/2017/725",
  "legislation_title": "The Loans for Mortgage Interest Regulations 2017",
  "legislation_url": "https://openlegislation.uk/loans-for-mortgage-interest-regulations-2017",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Liable or treated as liable to make payments",
  "text": "(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.\n(2) A claimant is to be treated as liable to make owner-occupier payments where—\n(a) the person who is liable to make the payments is a child or qualifying young person for whom the claimant is responsible;\n(b) all of the following conditions are met—\n(i) the person who is liable to make the payments is not doing so;\n(ii) the claimant has to make the payments in order to continue occupation of the relevant accommodation;\n(iii) the claimant’s circumstances are such that it would be unreasonable to expect them to make other arrangements; and\n(iv) it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments; or\n(c) the claimant—\n(i) has a liability to make the payments which is waived by the person (“P”) to whom the liability is owed; and\n(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.\n(3) Sub-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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "There have been amendments to regulation 3 which are not relevant to these Regulations."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/725/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-28T23:09:51.368421+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}