The Loans for Mortgage Interest Regulations (Northern Ireland) 2017

Moving in delayed for certain reasons

7.—(1) Where—

(a) a claimant was delayed in moving into accommodation (“the new accommodation”) and was liable to make owner-occupier payments in respect of that accommodation before moving in; and

(b) the delay was reasonable and one of the conditions in sub-paragraphs (2) to (4) applies,

the claimant shall be treated as occupying the new accommodation as the claimant’s home for the period of delay, not exceeding 4 weeks immediately prior to the date on which the claimant moved into the new accommodation.

(2) The first condition is that the delay occurred in order to adapt the accommodation to meet the needs of the claimant or a member of the claimant’s family who is a disabled person.

(3) The second condition is that—

(a) the move was delayed pending local welfare provision to meet a need arising out of the move or in connection with setting up the claimant’s home in the new accommodation; and

(b) in the case of a legacy benefit claimant only—

(i) a member of the claimant’s family is aged 5 or under,

(ii) the claimant’s applicable amount includes a pensioner premium or disability premium under Schedule 2 to the IS Regulations, Schedule 1 to the JSA Regulations or Schedule 4 to the ESA Regulations, or

(iii) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) of the Tax Credits Act 2002(1);

(4) The third condition is that the claimant became liable to make owner-occupier payments in respect of the accommodation while the claimant was a patient or was in a residential home.

(1)

2002 c. 21; section 9 is amended by section 13 of the Welfare Reform and Work Act 2016 (c. 7).