The Loans for Mortgage Interest Regulations 2017

PART 1 General

Interpretation

1.—(1) In this Schedule—

“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

“care home”—

(a)

in England and Wales, has the meaning given in section 3 of the Care Standards Act 2000(1);

(b)

in Scotland, means a care home service within the meaning of paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010(2),

and in either case includes an independent hospital;

“croft” means a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993(3);

“full-time student” has the meaning given—

(a)

in the case of income support, in regulation 61(1) of the IS Regulations(4);

(b)

in the case of jobseeker’s allowance, in regulation 1(3) of the JSA Regulations(5);

(c)

in the case of employment and support allowance, in regulation 131 of the ESA Regulations(6);

(d)

in the case of state pension credit, in regulation 1(2) of the SPC Regulations(7);

“independent hospital”—

(a)

in England, means a hospital as defined in section 275 of the National Health Service Act 2006(8) that is not a health service hospital as defined by that section;

(b)

in Wales, has the meaning given in section 2 of the Care Standards Act 2000;

(c)

in Scotland means an independent healthcare service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978(9);

“medically approved” means certified by a medical practitioner;

“patient” means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution;

“period of study” has the meaning given—

(a)

in the case of income support and state pension credit, in regulation 2(1) of the IS Regulations(10);

(b)

in the case of jobseeker’s allowance, in regulation 1(3) of the JSA Regulations(11);

(c)

in the case of employment and support allowance, in regulation 2 of the ESA Regulations(12);

“residential accommodation” means accommodation which is a care home, Abbeyfield Home or independent hospital;

“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

(2) In this Schedule, a reference to a claimant being liable to make owner-occupier payments is to be read as a reference to a person being treated as liable to make owner-occupier payments under Schedule 2.

(1)

2000 c. 4. Section 3 was amended by paragraph 4(2) and (3) of Part 1 of Schedule 5 to the Health and Social Care Act 2008 (c. 14).

(2)

2010 asp 8.

(3)

1993 c. 44. Section 3(1) was amended by section 2(a) of the Crofting Reform etc. Act 2007 (asp 7) and section 22(1) of the Crofting Reform (Scotland) Act 2010 (asp 4).

(4)

The definition of “full-time student” was amended by S.I. 2000/1981 and 2006/718.

(5)

The definition of “full-time student” was amended by S.I. 1996/1516, 2001/1434 and 2319, 2006/718, 2008/3157, 2010/641 and 2015/971.

(6)

There have been amendments to regulation 131 which are not relevant to these Regulations.

(7)

There have been amendments to regulation 1(2) which are not relevant to these Regulations.

(8)

2006 c. 41.

(9)

1978 asp 29. Section 10F(1)(A) was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8).

(10)

Regulation 2(1) was amended by S.I. 2000/1981 and other amending instruments which are not relevant to these Regulations.

(11)

Regulation 1(3) was amended by S.I. 2000/1922 and other amending instruments which are not relevant to these Regulations.

(12)

There have been amendments to regulation 2 which are not relevant to these Regulations.