- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
64.—(1) Subject to the following provisions of this regulation and regulation 67, the repayment of debts to which paragraph (2) applies constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B where those debts were incurred—
(a)before the non-resident parent became a non-resident parent in relation to the qualifying child; and
(b)at the time when the non-resident parent and the person with care in relation to the child referred to in sub-paragraph (a) were a couple.
(2) This paragraph applies to debts incurred—
(a)for the joint benefit of the non-resident parent and the person with care;
(b)for the benefit of the person with care where the non-resident parent remains legally liable to repay the whole or part of the debt;
(c)for the benefit of any person who is not a child but who at the time the debt was incurred—
(i)was a child,
(ii)lived with the non-resident parent and the person with care, and
(iii)of whom the non-resident parent or the person with care is the parent, or both are the parents;
(d)for the benefit of the qualifying child referred to in paragraph (1); or
(e)for the benefit of any child, other than the qualifying child referred to in paragraph (1), who, at the time the debt was incurred—
(i)lived with the non-resident parent and the person with care, and
(ii)of whom the person with care is the parent.
(3) Paragraph (1) does not apply to repayment of—
(a)a debt which would otherwise fall within paragraph (1) where the non-resident parent has retained for the non-resident parent’s own use and benefit the asset in connection with the purchase of which the debt was incurred;
(b)a debt incurred for the purposes of any trade or business;
(c)a gambling debt;
(d)a fine imposed on the non-resident parent;
(e)unpaid legal costs in respect of—
(i)separation from the person with care,
(ii)divorce from the person with care, or
(iii)dissolution of a civil partnership that had been formed with the person with care;
(f)amounts due after use of a credit card;
(g)a debt incurred by the non-resident parent to pay for any of the items listed in sub-paragraphs (c) to (f) and (j);
(h)amounts payable by the non-resident parent under a mortgage or loan taken out on the security of any property, except where that mortgage or loan was taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which was, and continues to be, the home of the person with care and any qualifying child;
(i)amounts payable by the non-resident parent in respect of a policy of insurance, except where that policy of insurance was obtained or retained to discharge a mortgage or charge taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which was, and continues to be, the home of the person with care and the qualifying child;
(j)a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;
(k)a loan obtained by the non-resident parent other than a loan obtained from a qualifying lender or the non-resident parent’s current or former employer; or
(l)any other debt which the Department is satisfied is reasonable to exclude.
(4) Except where the repayment is of an amount which is payable under a mortgage or loan or in respect of a policy of insurance which falls within the exception set out in paragraph (3)(h) or (i), repayment of a debt does not constitute expenses for the purposes of paragraph (1) where the Department is satisfied that the non-resident parent has taken responsibility for repayment of that debt as, or as part of, a financial settlement with the person with care or by virtue of a court order.
(5) Where an applicant has incurred a debt partly to repay a debt, repayment of which would have fallen within paragraph (1), the repayment of that part of the debt incurred which is referable to the debt repayment of which would have fallen within that paragraph, constitute expenses for the purposes of paragraph 2(2) of Schedule 4B.
(6) In paragraph (3)(h) “repairs or improvements” means repairs that the Department considers are major repairs necessary to maintain the fabric of the home and any of the following measures—
(a)installation of a fixed bath, shower, wash basin or lavatory, and necessary associated plumbing;
(b)damp-proofing measures;
(c)provision or improvement of ventilation and natural light;
(d)provision of electric lighting and sockets;
(e)provision or improvement of drainage facilities;
(f)improvement of the structural condition of the home;
(g)improvements to the facilities for the storing, preparation and cooking of food;
(h)provision of heating, including central heating;
(i)provision of storage facilities for fuel and refuse;
(j)improvements to the insulation of the home; or
(k)other improvements which the Department considers reasonable in the circumstances.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys