The Employment and Support Allowance Regulations (Northern Ireland) 2008

31.—(1) Except where paragraph 30 or 32 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— N.I.

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

[F2 (b) 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 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 heads (a) to (c), 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 the Department of Health, Social Services and Public Safety under Article 36(3) of the Health and [F4 Personal] Social Services Order.

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

[F5 (3) In this paragraph—

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

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

Textual Amendments

F1 Words in Sch. 8 para. 31(1)(a) substituted (6.4.2018) by S.R. 2017/176, Sch. 5 para. 4(d)(ii)(aa) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(d))

F2 Sch. 8 para. 31(1)(b) substituted (6.4.2018) by S.R. 2017/176, Sch. 5 para. 4(d)(ii)(bb) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(d))

F3 Words in Sch. 8 para. 31(1)(c) substituted (6.4.2018) by S.R. 2017/176, Sch. 5 para. 4(d)(ii)(cc) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(d))

F4 Word in Sch. 8 para. 31(1)(e) inserted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(32)(b)

F5 Sch. 8 para. 31(3) added by S.R. 2017/176, Sch. 5 para. 4(d)(ii)(dd) (as inserted) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(d))

Commencement Information

I1 Sch. 8 para. 31 in operation at 27.10.2008, see reg. 1(1)