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The Loans for Mortgage Interest Regulations (Northern Ireland) 2017

S.R. 2017/176 · Made 30 August 2017 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 3 April 2023.

Social Security

Made 30th August 2017

Laid 5th September 2017

Coming into operation in accordance with regulation 1(2)

The Secretary of State in exercise of the powers conferred by sections 122(1)(a), 131(1), 133(1) and (2)(d) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1, Articles 2(2), 6(5) and 36(2) of the Jobseekers (Northern Ireland) Order 1995 M2, sections 2(3)(b), 17(1) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002 M3, sections 4(2)(a), 24(1) and 25(2)(a) of, the Welfare Reform Act (Northern Ireland) 2007 M4, Articles 16(3) and (4) and 48(2)(a) of, and paragraph 1(1) of Schedule 6 to the Welfare Reform (Northern Ireland) Order 2015 M5 and Articles 13, 14, 16 and 22 of the Welfare Reform and Work (Northern Ireland) Order 2016 M6, makes the following Regulations.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 M7.

This rule contains only regulations made under, by virtue of, or consequential upon, Articles 13, 14 and 16 of the Welfare Reform and Work (Northern Ireland) Order 2016.

Annotations to the whole text

Marginal citations

M1

1992 c. 7; section 133(1) is cited for the meaning of “prescribed”. Section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21).

M2

S.I. 1995/2705 (N.I. 15); Article 2(2) is cited for the meaning of “prescribed” and “regulations” Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671).

M3

2002 c. 14 (N.I.); section 17(1) is cited for the meaning of “prescribed” and “regulations”.

M4

2007 c. 2 (N.I.); section 24(1) is cited for the meaning of “prescribed” and “regulations” and section 25(2) was amended by Article 57(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.)).

M5

S.I. 2015/2006 (N.I. 1).

M6

S.I. 2016/999 (N.I. 1).

M7

Article 4 was amended by Article 4 of the Welfare Reform and Work (Northern Ireland) Order 2016. Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 are vested in the Department for Communities by virtue of Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3The offer of loan payments
  4. 4Acceptance of loan payments offer
  5. 5Conditions to meet before the loan payments can be made
  6. 6Information condition
  7. 7Time of each loan payment
  8. 8Period covered by loan payments
  9. 9Duration of loan payments
  10. 10Calculation of each loan payment
  11. 11Calculation in respect of qualifying loans
  12. 12Calculation in respect of alternative finance payments
  13. 13Standard rate to be applied under regulations 11 and 12
  14. 14Non-dependant deductions
  15. 14AInsurance payment deduction
  16. 15Interest
  17. 16Repayment
  18. 17Direct payments to qualifying lenders
  19. 18Consequential amendments
  20. 19Transitional provision: loan offer made before 6th April 2018
  21. 19ATransitional provision: loan offer made on or after 6th April 2018
  22. 20Transitional provision: persons who lack capacity or may lack capacity identified before 6th April 2018
  23. 21Transition from legacy benefit to universal credit
  24. 22Delegation
  25. Signature
  26. Schedule 1: Meaning of owner-occupier payments
  27. Part 1: Legacy benefit claimants and SPC claimants
  28. 1Application of Part 1
  29. 2Payments of interest on qualifying loans and alternative finance payments
  30. 3Loans incurred during relevant period
  31. Part 2: UC claimants
  32. 4Application of Part 2
  33. 5Payments of interest on loans and alternative finance payments
  34. Schedule 2: Circumstances in which a claimant is, or is to be treated as, liable to make owner-occupier payments
  35. Part 1: Legacy benefit claimants and SPC claimants
  36. 1Application of Part 1
  37. 2Liable or treated as liable to make payments
  38. 3Treated as not liable to make payments
  39. Part 2: UC claimants
  40. 4Application of Part 2
  41. 5Liable or treated as liable to make payments
  42. 6Treated as not liable to make payments
  43. Schedule 3: Circumstances in which a claimant is, or is to be, treated as occupying accommodation
  44. Part 1: General
  45. 1Interpretation
  46. Part 2: Legacy benefit claimants and SPC claimants
  47. 2Application of Part 2
  48. 3Occupying accommodation: general rule
  49. 4Full-time study
  50. 5Living in other accommodation during essential repairs
  51. 6Living in other accommodation due to fear of violence, where a claimant's partner is a full-time student or where moving into new accommodation
  52. 7Moving in delayed for certain reasons
  53. 8Temporary absence to try new accommodation of up to 13 weeks
  54. 9Temporary absence of up to 13 weeks
  55. 10Absences for certain reasons up to 52 weeks
  56. Part 3: UC claimants
  57. 11Application of Part 3
  58. 12Occupying accommodation: general rule
  59. 13Living in other accommodation due to essential repairs
  60. 14Moving homes: adaptations to new homes for disabled person
  61. 15Living in other accommodation due to fear of violence
  62. 16Moving in delayed by adaptations to accommodation to meet needs of disabled person
  63. 17Moving into accommodation following a stay in hospital or a residential care home, nursing home or independent hospital
  64. 18Temporary absence exceeding 6 months
  65. Schedule 4: Direct payments to qualifying lenders
  66. 1Direct payments
  67. 2Determining the amount to be paid to a qualifying lender: one or more qualifying loans
  68. 3Determining the amount to be paid to a qualifying lender: more than one qualifying loan Repealed
  69. 4Qualifying lenders to apply direct payments to discharge of claimant's liability
  70. 5Application by qualifying lenders of any amount which exceeds liability
  71. 6Fees payable by qualifying lenders Repealed
  72. 7Election not to be regarded as a qualifying lender
  73. 8Provision of information
  74. 9Recovery of sum wrongly paid
  75. Schedule 5: Consequential amendments
  76. Part 1: General
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. 9Paragraph 9
  86. 10Paragraph 10
  87. Part 2: Decisions and Appeals
  88. 11Paragraph 11
  89. 12Paragraph 12
  90. Explanatory note