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27.—(1) This regulation provides for the amount to be included in an award in respect of an assessment period in which the claimant meets all the conditions specified in regulation 26.
(2) Schedule 4 has effect in relation to any claimant where—
(a)the claimant meets all of those conditions, and
(b)the payments for which the claimant is liable are rent payments (whether or not service charge payments are also payable).
(3) Schedule 5 has effect in relation to any claimant where—
(a)the claimant meets all of those conditions, and
(b)the payments for which the claimant is liable are—
F1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)service charge payments F2....
(4) Where both paragraphs (2) and (3) apply in relation to a claimant who occupies accommodation under an equity-sharing lease—
(a)an amount is to be calculated under each of Schedules 4 and 5, and
(b)the amount of the claimant's housing costs element is the aggregate of those amounts.
(5) Where, in a case to which paragraph (4) applies, there is a liability for service charge payments, the amount in respect of those payments is to be calculated under Schedule 4.
(6) “Equity-sharing lease” means a lease of land, the general effect of which is to provide—
(a)that, in consideration for the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent, and
(b)that the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor's reversion in the premises demised.
Textual Amendments
F1Reg. 27(3)(b)(i) omitted (6.4.2018) by virtue of The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 5(b) (with regs. 18(2), 19, 19A, 20)
F2Word in reg. 27(3)(b)(ii) omitted (6.4.2018) by virtue of The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 5(c) (with regs. 18(2), 19, 19A, 20)
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