The Employment and Support Allowance Regulations 2008

32.—(1) Except where paragraph 31 (or 33) applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards— E+W+S

(a) any payment due on a loan if secured on the dwelling occupied as the home which does not qualify [F1 under Schedule 6] [F1 under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations];

(b) [F2 any interest payment or charge which qualifies in accordance with paragraphs 16 to 18 of Schedule 6 to the extent that the payment or charge is not met;]

[F2 any charge which qualifies in accordance with paragraph 18 of Schedule 6 (housing costs) to these Regulations or any interest payment on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations, to the extent that the charge or payment is not met under these Regulations or by loan payments (as the case may be);]

(c) any payment due on a loan which qualifies [F3 under paragraph 16 or 17 of Schedule 6] [F3 under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations] attributable to the payment of capital;

(d) any amount due by way of premiums on—

(i) an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above; or

(ii) a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as the claimant's home;

(e) the claimant's rent in respect of the dwelling occupied by the claimant as the home but only to the extent that it is not met by housing benefit; or the claimant's accommodation charge but only to the extent that the actual charge exceeds the amount payable by a local authority in accordance with Part 3 of the National Assistance Act 1948 [F4 or Part 1 of the Care Act 2014 (care and support) [F5 or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act].]

(2) This paragraph does not apply to any payment which is treated as possessed by the claimant by virtue of regulation 107(3)(c).

[F6 (3) In this paragraph—

(a) “Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;

(b) “loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.]

Textual Amendments

F1 Words in Sch. 8 para. 32(1)(a) substituted by S.I. 2017/725, Sch. 5 para. 1(d)(ii)(aa) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(b)

F2 Sch. 8 para. 32(1)(b) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(b)

F3 Words in Sch. 8 para. 32(1)(c) substituted by S.I. 2017/725, Sch. 5 para. 1(d)(ii)(cc) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(b)

F4 Words in Sch. 8 para. 32(1)(e) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 29(3)(b) (with art. 4)

F5 Words in Sch. 8 para. 32(1)(e) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 13(4)(d)

F6 Sch. 8 para. 32(3) inserted by S.I. 2017/725, Sch. 5 para. 1(d)(ii)(dd) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(b)