The Loans for Mortgage Interest Regulations (Northern Ireland) 2017
S.R. 2017/176 · Made 30 August 2017 · Extends to Northern Ireland
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
- M6
- 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
- 1Citation and commencement
- 2Interpretation
- 3The offer of loan payments
- 4Acceptance of loan payments offer
- 5Conditions to meet before the loan payments can be made
- 6Information condition
- 7Time of each loan payment
- 8Period covered by loan payments
- 9Duration of loan payments
- 10Calculation of each loan payment
- 11Calculation in respect of qualifying loans
- 12Calculation in respect of alternative finance payments
- 13Standard rate to be applied under regulations 11 and 12
- 14Non-dependant deductions
- 14AInsurance payment deduction
- 15Interest
- 16Repayment
- 17Direct payments to qualifying lenders
- 18Consequential amendments
- 19Transitional provision: loan offer made before 6th April 2018
- 19ATransitional provision: loan offer made on or after 6th April 2018
- 20Transitional provision: persons who lack capacity or may lack capacity identified before 6th April 2018
- 21Transition from legacy benefit to universal credit
- 22Delegation
- Signature
- Schedule 1: Meaning of owner-occupier payments
- Part 1: Legacy benefit claimants and SPC claimants
- 1Application of Part 1
- 2Payments of interest on qualifying loans and alternative finance payments
- 3Loans incurred during relevant period
- Part 2: UC claimants
- 4Application of Part 2
- 5Payments of interest on loans and alternative finance payments
- Schedule 2: Circumstances in which a claimant is, or is to be treated as, liable to make owner-occupier payments
- Part 1: Legacy benefit claimants and SPC claimants
- 1Application of Part 1
- 2Liable or treated as liable to make payments
- 3Treated as not liable to make payments
- Part 2: UC claimants
- 4Application of Part 2
- 5Liable or treated as liable to make payments
- 6Treated as not liable to make payments
- Schedule 3: Circumstances in which a claimant is, or is to be, treated as occupying accommodation
- Part 1: General
- 1Interpretation
- Part 2: Legacy benefit claimants and SPC claimants
- 2Application of Part 2
- 3Occupying accommodation: general rule
- 4Full-time study
- 5Living in other accommodation during essential repairs
- 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
- 7Moving in delayed for certain reasons
- 8Temporary absence to try new accommodation of up to 13 weeks
- 9Temporary absence of up to 13 weeks
- 10Absences for certain reasons up to 52 weeks
- Part 3: UC claimants
- 11Application of Part 3
- 12Occupying accommodation: general rule
- 13Living in other accommodation due to essential repairs
- 14Moving homes: adaptations to new homes for disabled person
- 15Living in other accommodation due to fear of violence
- 16Moving in delayed by adaptations to accommodation to meet needs of disabled person
- 17Moving into accommodation following a stay in hospital or a residential care home, nursing home or independent hospital
- 18Temporary absence exceeding 6 months
- Schedule 4: Direct payments to qualifying lenders
- 1Direct payments
- 2Determining the amount to be paid to a qualifying lender: one or more qualifying loans
- 3Determining the amount to be paid to a qualifying lender: more than one qualifying loan Repealed
- 4Qualifying lenders to apply direct payments to discharge of claimant's liability
- 5Application by qualifying lenders of any amount which exceeds liability
- 6Fees payable by qualifying lenders Repealed
- 7Election not to be regarded as a qualifying lender
- 8Provision of information
- 9Recovery of sum wrongly paid
- Schedule 5: Consequential amendments
- Part 1: General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 2: Decisions and Appeals
- 11Paragraph 11
- 12Paragraph 12
- Explanatory note