Paragraph 2

Northern Ireland

The JSA Regulations are amended as follows—

(a)

in regulation 83 M1 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) M2 in paragraph (g) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

(c)

in regulation 86A M3 in paragraph (d) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

(d)

in regulation 86B M4 in paragraph (e) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

(e)

in regulation 87 M5 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) M6 omit the definition of “standard rate”,

(iii)

in paragraph 1A(1)(a) M7—

(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) M8 for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,

(v)

in paragraph 1A(1A)(a) M9—

(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) M10, for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,

(vii)

in paragraph 4 M11 omit sub-paragraphs (2) to (12),

(viii)

in paragraph 7 M12 omit sub-paragraphs (1)(a)(i), (2), (2A) and (2B),

(ix)

in paragraph 8 M13 omit sub-paragraph (2)(a)(i),

(x)

omit paragraphs 9 to 12 M14,

(xi)

in paragraph 13 M15—

(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 M16,

(xiii)

in paragraph 16 M17—

(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 M18 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 M19 omit sub-paragraph (2).

F1(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.”.

Annotations

Textual amendments

F1: Sch. 5 para. 2(g) inserted (5.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(c)

Marginal citations

M1: 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.
M2: Regulation 84(1) 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.
M3: Regulation 86A was inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350 and 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.
M4: 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.
M5: Regulation 87 was amended by regulation 20 of S.R. 1996 No. 358.
M6: The definition of “standard rate” in paragraph 1(2) was amended by regulation 3(a)(ii) of S.R. 2004 No. 461 and regulation 3(2)(a) of S.R. 2016 No. 44.
M7: Paragraph 1A was inserted by regulation 5(2) of S.R. 1997 No. 435 and sub-paragraph (1)(a) was amended by regulation 4(a) of S.R. 2007 No. 475 and regulation 19(25)(b) of S.R. 2008 No. 286.
M8: Paragraph 1A(1ZA)(a) was inserted by regulation 4(a)(iii) of S.R. 2007 No. 475.
M9: Paragraph 1A(1A)(a) was inserted by paragraph 54(2) of Schedule 2 to S.R. 2000 No. 350 and amended by regulation 19(25)(b)(iv) of S.R. 2008 No. 286.
M10: Paragraph (1A)(1B) was inserted by regulation (4)(a)(iv) of S.R. 2007 No. 475.
M11: Paragraph 4 was amended by regulation 29(3) of S.R. 1996 No. 358, regulation 13(2) of S.R. 1997 No. 541, paragraph 54(4) of Schedule 2 to S.R. 2000 No.350, regulation 9 and paragraph 9(b) of Schedule 3 to S.R. 2005 No. 458, regulation 4(b) of S.R. 2007 No. 475, regulation 4(14)(a) of S.R. 2008 No. 112, regulation 4(8)(a) of S.R. 2008 No. 428 and regulation 10(11)(a) of S.R. 2011 No. 357.
M12: Paragraph 7 was amended by regulation 5(5) and (6) of S.R. 1997 No. 435, paragraph 54(6) of Schedule 2 to S.R. 2000 No. 350, regulation 19(25)(d) of S.R. 2008 No. 286 and regulation 3(2)(c)(ii) and (iii) of S.R. 2016 No. 44.
M13: Paragraph 8 was amended by paragraph 54(7) of Schedule 2 to S.R. 2000 No. 350, regulation 5(6) of S.R. 2010 No. 103 and regulation 3(2)(d) of S.R. 2016 No. 44.
M14: Paragraph 9 was substituted by regulation 2(2) of S.R. 2001 No. 406 and amended by regulation 3(b) of S.R. 2004 No. 461 and regulation 3(2)(e) of S.R. 2016 No. 44. Regulation 10 was amended by regulation 3(2)(f) of S.R. 2016 No. 44. Regulation 11 was substituted by regulation 3(c) of S.R. 2004 No. 461 and amended by regulation 4(c)(ii) of S.R. 2007 No. 475, regulation 2(2)(b) of S.R. 2008 No. 503, regulation 2(2) of S.R. 2010 No. 340 and regulation 2(5) of S.R. 2014 No. 105. Regulation 12 was amended by Article 9(8)(e) and (17)(a) of S.R. 1999 No. 428 (C. 32) and regulation 3(2)(g) of S.R. 2016 No. 44.
M15: 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. 2001 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) of S.R. 2016 No. 44.
M16: Paragraph 15 was amended by regulation 4(8)(c) of S.R. 2008 No. 428.
M17: Paragraph 16 was amended by regulation 5 and paragraph 4(4)(a) of Schedule 2 to S.R. 2006 No. 407.
M18: Paragraph 17 was amended by regulation 3(b) of S.R. 1997 No. 3, regulation 7(3) of S.R. 1997 No. 165, Article 9(5)(l) of S.R. 1999 No. 428 (C. 32), regulation 5(4) of S.R. 2003 No. 261, regulation 5(b) of S.R. 2004 No. 394, regulation 5(4) of S.R. 2005 No. 580, regulation 5 and paragraph 4(4)(b) of Schedule 2 to S.R. 2006 No. 407, regulation 19(25)(f) of S.R. 2008 No. 286, regulation 4(5)(e) and (8)(d) of S.R. 2008 No. 428, regulation 4(3)(e) and (8)(d) of S.R. 2010 No. 69, regulation 10(7)(c) of S.R. 2011 No. 357, regulation 3(4) of S.R. 2013 No. 67, regulation 17(8)(a) and (c) of S.I. 2013/3021, regulation 3(3) of S.R. 2014 No. 275 and regulation 14(8) of S.R. 2016 No. 228.
M19: Paragraph 18 was amended by regulation 29(7) of S.R. 1996 No. 358, regulation 19(25)(g) of S.R. 2008 No. 286 and regulation 3(2)(i) of S.R. 2016 No. 44.

Notes on Part 1

Textual amendments

F1: Words in Sch. 5 inserted (5.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(a)