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The Loans for Mortgage Interest Regulations 2017

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.The offer of loan payments

  5. 4.Acceptance of loan payments offer

  6. 5.Conditions to meet before the loan payments can be made

  7. 6.Information condition

  8. 7.Time of each loan payment

  9. 8.Period covered by loan payments

  10. 9.Duration of loan payments

  11. 10.Calculation of each loan payment

  12. 11.Calculation in respect of qualifying loans

  13. 12.Calculation in respect of alternative finance payments

  14. 13.Standard rate to be applied under regulations 11 and 12

  15. 14.Non-dependant deductions

  16. 14A.Insurance payment deduction

  17. 15.Interest

  18. 16.Repayment

  19. 16A.Transferring the loan between properties

  20. 17.Direct payments to qualifying lenders

  21. 18.Consequential amendments

  22. 19.Transitional provision: loan offer made before 6th April 2018

  23. 19A.Transitional provision: loan offer made on or after 6th April 2018

  24. 20.Transitional provision: persons who lack capacity or may lack capacity identified before 6th April 2018

  25. 21.Transition from legacy benefit to universal credit

  26. 22.Delegation

  27. Signature

    1. SCHEDULE 1

      Meaning of owner-occupier payments

      1. PART 1 Legacy benefit claimants and SPC claimants

        1. 1.Application of Part 1

        2. 2.Payments of interest on qualifying loans and alternative finance payments

        3. 3.Loans incurred during relevant period

      2. PART 2 UC claimants

        1. 4.Application of Part 2

        2. 5.Payments of interest on loans and alternative finance payments

    2. SCHEDULE 2

      Circumstances in which a claimant is, or is to be treated as, liable to make owner-occupier payments

      1. PART 1 Legacy benefit claimants and SPC claimants

        1. 1.Application of Part 1

        2. 2.Liable or treated as liable to make payments

        3. 3.Treated as not liable to make payments

      2. PART 2 UC claimants

        1. 4.Application of Part 2

        2. 5.Liable or treated as liable to make payments

        3. 6.Treated as not liable to make payments

    3. SCHEDULE 3

      Circumstances in which a claimant is, or is to be, treated as occupying accommodation

      1. PART 1 General

        1. 1.Interpretation

      2. PART 2 Legacy benefit claimants and SPC claimants

        1. 2.Application of Part 2

        2. 3.Occupying accommodation: general rule

        3. 4.Full-time study

        4. 5.Living in other accommodation during essential repairs

        5. 6.Living in other accommodation due to fear of violence, where a claimant’s partner is a full-time student or where moving into new accommodation

        6. 7.Moving in delayed for certain reasons

        7. 8.Temporary absence to try new accommodation of up to 13 weeks

        8. 9.Temporary absence of up to 13 weeks

        9. 10.Absences for certain reasons up to 52 weeks

      3. PART 3 UC claimants

        1. 11.Application of Part 3

        2. 12.Occupying accommodation: general rule

        3. 13.Living in other accommodation due to essential repairs

        4. 14.Moving homes: adaptations to new home for disabled person

        5. 15.Living in other accommodation due to fear of violence

        6. 16.Moving in delayed by adaptations to accommodation to meet needs of disabled person

        7. 17.Moving into accommodation following a stay in hospital or care home

        8. 18.Temporary absence exceeding 6 months

    4. SCHEDULE 4

      Direct payments to qualifying lenders

      1. 1.Direct payments

      2. 2.Determining the amount to be paid to a qualifying lender: one or more qualifying loans

      3. 3.Determining the amount to be paid to a qualifying lender: more than one qualifying loan

      4. 4.Qualifying lenders to apply direct payments to discharge of claimant’s liability

      5. 5.Application by qualifying lenders of any amount which exceeds liability

      6. 6.Fees payable by qualifying lenders

      7. 7.Election not to be regarded as a qualifying lender

      8. 8.Provision of information

      9. 9.Recovery of sum wrongly paid

    5. SCHEDULE 5

      Consequential amendments

      1. PART 1 General

        1. 1.The ESA Regulations are amended as follows—

        2. 2.The IS Regulations are amended as follows—

        3. 3.The JSA Regulations are amended as follows—

        4. 4.Schedule 2 of the SPC Regulations is amended as follows—...

        5. 5.The UC Regulations are amended as follows—

        6. 6.Regulation 29 of the Transitional Provisions Regulations is amended as...

        7. 7.(1) The Claims and Payment Regulations are amended as follows....

        8. 8.The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment...

        9. 9.(1) The Social Fund Maternity and Funeral Expenses (General) Regulations...

        10. 10.(1) The Social Fund Cold Weather Payments (General) Regulations 1988...

      2. PART 2 Decisions and Appeals

        1. 11.(1) The Social Security and Child Support (Decisions and Appeals)...

        2. 12.(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and...

  29. Explanatory Note

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