# The Loans for Mortgage Interest Regulations 2017, 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) 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.

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Source: https://www.legislation.gov.uk/uksi/2017/725/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/loans-for-mortgage-interest-regulations-2017/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.