The Employment and Support Allowance Regulations 2008

The standard rate E+W+S

13.— [F1 (1) The standard rate is the rate of interest applicable per annum to a loan which qualifies under this Schedule.

[F2 (2) [F3 The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).]]

[F2 (2A) The standard rate is to be varied each time that sub-paragraph (2B) applies.

(2B) This sub-paragraph applies when, on any reference day, the Bank of England publishes an average mortgage rate which differs by [F4 0.5 percentage points] or more from the standard rate that applies on that reference day (whether by virtue of sub-paragraph (2) or of a previous application of this sub-paragraph).

(2C) The average mortgage rate published on that reference day then becomes the new standard rate in accordance with sub-paragraph (2D).

(2D) Any variation in the standard rate by virtue of sub-paragraphs (2A) to (2C) comes into effect—

(a) for the purposes of sub-paragraph (2B) (in consequence of its first and any subsequent application), on the day after the reference day referred to in sub-paragraph (2C);

(b) for the purpose of calculating the weekly amount of housing costs to be met under this Schedule, on the day specified by the Secretary of State.

(2E) In this paragraph—

“average mortgage rate” means the effective interest rate (non-seasonally adjusted) of United Kingdom resident banks and building societies for loans to households secured on dwellings published by the Bank of England in respect of the most recent period for that rate specified at the time of publication;

“reference day” means any day falling after 1st October 2010.]

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Sch. 6 paras. 11-14 omitted (with effect in accordance with regs.19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 1(c)(vii)

F2 Sch. 6 para. 13(2)-(2E) substituted for Sch. 6 para. 13(2) (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs) (Standard Interest Rate) Amendment Regulations 2010 (S.I. 2010/1811), regs. 1(2), 2(2)

F3 Sch. 6 para. 13(2) words substituted (coming into force in accordance with art. 1(2)(n) of the amending S.I.) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(n), 28(6), Sch. 20

F4 Words in Sch. 6 para. 13(2B) substituted (28.4.2014) by The Social Security (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/591), regs. 1, 10(3)

F5 Sch. 6 para. 13(3) omitted (5.1.2009) by virtue of The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 2(1)(a)(2)(b)

Modifications etc. (not altering text)

C1 Sch. 6 para. 13(2) sum maintained (coming into force in accordance with art. 1(2)(m) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(m), 26(1)(5), Sch. 15