SCHEDULE 5Consequential amendments

Regulation 18

F1PART 1 General

Annotations:
Amendments (Textual)

1

The IS Regulations are amended as follows—

a

in regulation 6(5)(c) M1—

i

in head (i) for “under paragraphs 15 to 17” substitute “ under paragraph 17 ”,

ii

in head (ii) for “under paragraphs 14 to 16” substitute “ under paragraph 16 ”,

iii

in head (iii) for “under paragraphs 16 to 18” substitute “ under paragraph 18 ”;

b

in regulation 17(1) M2 in sub-paragraph (e) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

c

in regulation 18(1) M3 in sub-paragraph (f) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

d

in Schedule 3—

i

in paragraph 1(1)(b) for “under paragraphs 15 to 17” substitute “ under paragraph 17 ”,

ii

in paragraph 1(2) the definition of “standard rate” is omitted,

iii

in paragraph 1A(1)(a) M4—

aa

for “under paragraphs 14 to 16 of Schedule 2” substitute “ under paragraph 16 of Schedule 2 ”; and

bb

for “paragraphs 16 to 18 of Schedule 6” substitute “ paragraph 18 of Schedule 6 ”,

iv

in paragraph 1A(1A)(a) M5 for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,

v

in paragraph 4 M6 omit sub-paragraphs (2) to (12),

vi

in paragraph 8 M7 omit sub-paragraphs (1)(a)(i), (1A) and (1B),

vii

in paragraph 9 M8 omit sub-paragraph (2)(a)(i),

viii

omit paragraphs 10 to 13 M9,

ix

in paragraph 14 M10—

aa

omit sub-paragraph (3AA);

bb

in sub-paragraph (6)(b) for “any loan or payment which qualifies under paragraphs 15 to 17” substitute “ any payment which qualifies under paragraph 17 ”,

x

omit paragraphs 15 and 16 M11,

xi

in paragraph 17 M12—

aa

for the heading substitute “ Housing costs ”;

bb

in sub-paragraph (2)(c) omit “, and for this purpose the expression “repairs and improvements” has the same meaning it has in paragraph 16(2)”;

cc

after sub-paragraph (4) add—

5

For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

a

provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

b

repairs to existing heating system;

c

damp proof measures;

d

provision of ventilation and natural lighting;

e

provision of drainage facilities;

f

provision of facilities for preparing and cooking food;

g

provision of insulation of the dwelling occupied as the home;

h

provision of electric lighting and sockets;

i

provision of storage facilities for fuel or refuse;

j

repairs of unsafe structural defects;

k

adapting a dwelling for the special needs of a disabled person; or

l

provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.

xii

in paragraph 18 M13, after sub-paragraph (2) insert—

2A

Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.

F2e

in Schedule 9—

i

for paragraph 29 substitute—

29

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.

ii

in paragraph 30(1)—

aa

in head (a) for “under Schedule 3 (housing costs” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”,

bb

for head (b) substitute—

b

any charge which qualifies in accordance with paragraph 17 of Schedule 3 (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);

cc

in head (c) for “under paragraph 15 or 16 of Schedule 3” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”;

dd

after sub-paragraph (2) add—

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.

2

The JSA Regulations are amended as follows—

a

in regulation 83 M14 in paragraph (f) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

b

in regulation 84(1) M15 in paragraph (g) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

c

in regulation 86A M16 in paragraph (d) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

d

in regulation 86B M17 in paragraph (e) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

e

in regulation 87 M18 omit paragraphs (4) and (5);

f

in Schedule 2—

i

in paragraph 1(1)(b) for “under paragraphs 14 to 16” substitute “ under paragraph 16 ”,

ii

in paragraph 1(2) M19 omit the definition of “standard rate”,

iii

in paragraph 1A(1)(a) M20—

aa

for “under paragraphs 15 to 17 of Schedule 3” substitute “ under paragraph 17 of Schedule 3 ”; and

bb

for “paragraphs 16 to 18 of Schedule 6” substitute “ under paragraph 18 of Schedule 6 ”,

iv

in paragraph 1A(1ZA)(a) M21 for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,

v

in paragraph 1A(1A)(a) M22—

aa

for “under paragraph 15 or 16 of Schedule 3” substitute “ under paragraph 17 of Schedule 3 ”; and

bb

for “paragraph 16 or 17 of Schedule 6” substitute “ under paragraph 18 of Schedule 6 ”,

vi

in paragraph 1A(1B)(a) M23, for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,

vii

in paragraph 4 M24 omit sub-paragraphs (2) to (12),

viii

in paragraph 7 M25 omit sub-paragraphs (1)(a)(i), (2), (2A) and (2B),

ix

in paragraph 8 M26 omit sub-paragraph (2)(a)(i),

x

omit paragraphs 9 to 12 M27,

xi

in paragraph 13 M28—

aa

omit sub-paragraph (4A);

bb

in sub-paragraph (9)(b) for “any loan or payment which qualifies under paragraphs 14 to 16” substitute “ any payment which qualifies under paragraph 16 ”,

xii

omit paragraphs 14 and 15 M29,

xiii

in paragraph 16 M30—

aa

for the heading substitute “ Housing costs ”;

bb

in sub-paragraph (2)(c) omit “, and for this purpose the expression “repairs and improvements” has the same meaning it has in paragraph 15(2)”;

cc

after sub-paragraph (4) add—

5

For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

a

provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

b

repairs to existing heating system;

c

damp proof measures;

d

provision of ventilation and natural lighting;

e

provision of drainage facilities;

f

provision of facilities for preparing and cooking food;

g

provision of insulation of the dwelling occupied as the home;

h

provision of electric lighting and sockets;

i

provision of storage facilities for fuel or refuse;

j

repairs of unsafe structural defects;

k

adapting a dwelling for the special needs of a disabled person; or

l

provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.

xiv

in paragraph 17 M31 after sub-paragraph (2) insert—

2A

Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.

xv

in paragraph 18 M32 omit sub-paragraph (2).

F3g

in Schedule 6—

i

for paragraph 30 substitute—

30

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.

ii

in paragraph 31(1)—

aa

in head (a) for “under Schedule 2 (housing costs)” substitute “under Schedule 1 to the Loans for Mortgage Interest Regulations”;

bb

for head (b) substitute—

b

any charge which qualifies in accordance with paragraph 16 of Schedule 2 (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);

cc

in head (c) for “under paragraph 14 or 15 of Schedule 2” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”;

dd

after sub-paragraph (2) add—

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.

3

Schedule 2 of the SPC Regulations is amended as follows—

a

in paragraph 1 M33—

i

in sub-paragraph (1)(b) for “under paragraphs 11 to 13” substitute “ under paragraph 13 ”,

ii

in sub-paragraph (2) M34 omit the definition of “standard rate”;

b

in paragraph 5 M35 omit sub-paragraphs (2) to (13);

c

omit paragraphs 7 to 12 M36;

d

in paragraph 13 M37—

i

for the heading substitute “ Housing costs ”,

ii

in sub-paragraph (2)(c) omit “, and for this purpose the expression “repairs and improvements” has the same meaning it has in paragraph 12(2)”,

iii

after sub-paragraph (4) add—

5

For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

a

provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

b

repairs to existing heating system;

c

damp proof measures;

d

provision of ventilation and natural lighting;

e

provision of drainage facilities;

f

provision of facilities for preparing and cooking food;

g

provision of insulation of the dwelling occupied as the home;

h

provision of electric lighting and sockets;

i

provision of storage facilities for fuel or refuse;

j

repairs of unsafe structural defects;

k

adapting a dwelling for the special needs of a disabled person; or

l

provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.

e

in paragraph 14 M38 after sub-paragraph (2) insert—

2A

Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.

4

The ESA Regulations are amended as follows—

a

in regulation 67(1) M39 in sub-paragraph (c) for “mortgage interest repayments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

b

in regulation 68(1) M40 in sub-paragraph (d) for “mortgage interest payments or such other housing costs as are prescribed” substitute “ housing costs as prescribed ”;

c

in Schedule 6—

i

in paragraph 1(1)(b) for “under paragraph 16 to 18” substitute “ under paragraph 18 ”,

ii

in paragraph 1(2) M41 omit the definition of “standard rate”,

iii

in paragraph 3 M42—

aa

in sub-paragraph (1)(a) for “under paragraphs 14 to 16 of Schedule 2” substitute “ under paragraph 16 of Schedule 2 ” and for “paragraphs 15 to 17 of Schedule 3” substitute “ paragraph 17 of Schedule 3 ”;

bb

in paragraph (2)(a) for “under paragraphs 11 to 13 of Schedule 2” substitute “ under paragraph 13 of Schedule 2 ”,

iv

in paragraph 6 M43 omit sub-paragraphs (2) to (14),

v

in paragraph 9 M44 omit sub-paragraphs (1)(a)(i) and (2),

vi

in paragraph 10 M45 omit sub-paragraph (2)(a)(i),

vii

omit paragraphs 11 to 14 M46

viii

in paragraph 15 M47—

aa

omit sub-paragraph (6);

bb

in sub-paragraph (12)(b) for “any loan or payment which qualifies under paragraphs 16 to 18” substitute “ any payment which qualifies under paragraph 18 ”,

ix

omit paragraphs 16 and 17,

x

in paragraph 18—

aa

for the heading substitute “ Housing costs ”;

bb

in sub-paragraph (2)(c) omit “, and for this purpose “repairs and improvements” has the meaning given by paragraph 17(2)”;

cc

after sub-paragraph (4) add—

5

For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

a

provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

b

repairs to existing heating system;

c

damp proof measures;

d

provision of ventilation and natural lighting;

e

provision of drainage facilities;

f

provision of facilities for preparing and cooking food;

g

provision of insulation of the dwelling occupied as the home;

h

provision of electric lighting and sockets;

i

provision of storage facilities for fuel or refuse;

j

repairs of unsafe structural defects;

k

adapting a dwelling for the special needs of a disabled person; or

l

provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant's partner is responsible.

xi

in paragraph 19 M48 after sub-paragraph (2) insert—

2A

Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.

xii

in paragraph 20 M49 omit sub-paragraph (2).

F4d

in Schedule 8—

i

for paragraph 30 substitute—

30

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (legacy benefit claimants and SPC claimants) and used to meet such repayments.

ii

in paragraph 31(1)—

aa

in head (a) for “under Schedule 6” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”,

bb

for head (b) substitute—

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);

cc

in head (c) for “under paragraph 16 or 17 of that Schedule” substitute “under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations”;

dd

after sub-paragraph (2) add—

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.

5

The UC Regulations are amended as follows—

a

in regulation 26 omit paragraph (2)(b);

b

in regulation 27 omit paragraph (3)(b)(i);

c

in regulation 27 in paragraph (3)(b)(ii) omit “only”;

d

in regulation 66 M50—

i

in paragraph (1)(h)(i) omit “or”, and

ii

omit paragraph (1)(h)(ii);

e

in Schedule 1—

i

in paragraph 3(f), for “within the meaning of paragraph 5” substitute “ within the meaning of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 ”,

ii

omit paragraphs 5 to 7,

iii

in paragraph 8(3)(a) for “a loan that falls within paragraph 6” substitute “ a qualifying loan within the meaning of regulation 2 of the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 ”;

f

in Schedule 5—

i

in paragraph 2 omit the definitions of “alternative finance arrangements”, “alternative finance payments”, “loan interest payments” and “standard rate”,

ii

for paragraph 3(1) substitute—

1

“Relevant payments” means one or more payments which are service charge payments.

iii

omit paragraph 3(2),

iv

in paragraph 3(3) for “that Schedule” substitute “ Schedule 1 ”,

v

in paragraph 9 for “the aggregate of the amounts resulting from paragraphs 10, 11 and 13” substitute “ the amount resulting from paragraph 13 ”, and

vi

omit paragraphs 10 to 12.

Annotations:
Marginal Citations
M50

Regulation 66 was amended by Article 28(3) of S.R. 2017 No. 66.

6

In regulation 30(1)(b) of the Transitional Provisions Regulations M51—

a

in head (i) for “paragraphs 14 to 16 of Schedule 2” substitute “ paragraph 16 of Schedule 2 ”;

b

in head (ii) for “paragraphs 16 to 18 of Schedule 6” substitute “ paragraph 18 of Schedule 6 ”; and

c

in head (iii) for “paragraphs 15 to 17 of Schedule 3” substitute “ paragraph 17 of Schedule 3 ”.

F57

The Claims and Payments Regulations are amended as follows—

a

omit regulations 34ZA and 34ZB;

b

in regulation 34A(1) omit “Except as provided for in regulation 34ZA and Schedule 8B,”;

c

In Schedule 8A—

i

in paragraph 1(1), omit the definition of “mortgage payment”,

ii

in paragraph 3—

aa

omit sub-paragraph (2)(b)(i);

bb

in sub-paragraph (2)(b)(ii), for “for any other housing item” substitute “for any housing item”;

cc

in sub-paragraph (2A)(b) omit “4(8) or (11) or”, “5(9) or (12) or” and “6(10) or (13) or” in each place where these words occur;

dd

for sub-paragraph (3) substitute—

3

Sub-paragraph (1) shall not apply to any debt which is for any item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item, unless, in the opinion of the Department it is in the overriding interests of the family that paragraph (1) should apply.

ee

omit sub-paragraphs (4) and (5),

iii

in paragraph 9, omit sub-paragraph (2); and

d

omit Schedule 8B.

8

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 are amended as follows—

a

omit regulation 54;

b

in regulation 55 omit “Except as provided for in regulation 54 and Schedule 4,”;

c

omit Schedule 4;

d

in paragraph 6 of Schedule 5 omit sub-paragraphs (5) and (6).

9

The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 are amended as follows—

a

in regulation 2—

i

in paragraph (1), after the definition of “order freeing a child for adoption” insert—

  • “owner-occupier loan payments” means loan payments under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017;

ii

after paragraph (4)(b) insert—

c

a person being treated as entitled to a benefit has the meaning given to it in regulation 2(2)(aa) of the Loans for Mortgage Interest Regulations (Northern Ireland) 2017.

c

in regulation 5(2)—

i

at the end of sub-paragraph (f) omit “or”,

ii

at the end of sub-paragraph (g) insert “or”; and

iii

after sub-paragraph (g) add—

h

owner-occupier loan payments and is treated as entitled to a benefit specified in sub-paragraphs (a) to (c) and (f).

d

in regulation 7(4)(a)—

i

at the end of head (vii) omit “or”,

ii

at the end of head (viii) insert “or”, and

iii

after head (viii) add—

ix

owner-occupier loan payments and is treated as entitled to a benefit specified in sub-paragraphs (i) to (iii) and (vii).

10

The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 are amended as follows—

a

in regulation 1(2)—

i

in the definition of “claimant”, after “universal credit” insert “or who is in receipt of owner-occupier loan payments”, and

ii

after the definition of “overlap period” insert—

  • “owner-occupier loan payments” means loan payments made under the Loans for Mortgage Interest Regulations (Northern Ireland) 2017;

b

in regulation 1A(2)—

i

at the end of sub-paragraph (d) omit “or”,

ii

at the end of sub-paragraph (e) insert “or”, and

iii

after sub-paragraph (e) insert—

f

owner-occupier loan payments and is treated as entitled to a benefit specified in sub-paragraphs (a) to (d).

iv

in paragraph (3)—

aa

for “(d) or (e)” substitute “(d), (e) or (f)”;

bb

at the end of sub-paragraph (e) omit “or”;

cc

at the end of sub-paragraph (f) insert “or”;

dd

after sub-paragraph (f) insert—

g

where P has been awarded owner-occupier loan payments, P’s applicable amount, if P were entitled to a benefit specified in paragraph (2)(b) to (d), would include one or more of the premiums specified in—

aa

where P is treated as entitled to income support, paragraphs 9 to 14 of Part 3 of Schedule 2 to the General Regulations;

bb

where P is treated as entitled to jobseeker’s allowance, paragraphs 10 to 16 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

cc

where P is treated as entitled to employment and support allowance, paragraphs 5 to 7 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008.

ee

after paragraph (3) insert—

3A

In paragraph (3), a person being treated as entitled to benefit has the meaning given to it in regulation 2(2)(aa) of the Loans for Mortgage Interest Regulations (Northern Ireland) 2017.

F5PART 2Decisions and Appeals

11

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended as follows—

a

in regulation 1(2)—

i

after the definition of “limited capability for work” insert—

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

ii

after the definition of “out of jurisdiction appeal” insert—

  • “owner-occupier loan payments” means loan payments made under the Loans for Mortgage Interest Regulations;

  • “owner-occupier payments” has the same meaning as in Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations;

b

in regulation 7—

i

after paragraph (12) insert—

12A

Paragraph (12) applies where—

a

the effect of a decision under Article 11 is that owner-occupier loan payments are to be made to a claimant in respect of the claimant’s liability to make owner-occupier payments; and

b

that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 8 of Schedule 4 to the Loans for Mortgage Interest Regulations (provision of information), had not been supplied to the Department by the lender.

12B

Where a claimant is receiving owner-occupier loan payments and there is a reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)), a decision made under Article 11 takes effect—

a

on the first anniversary of the date on which the claimant’s liability to make owner-occupier payments was first met by an owner-occupier loan payment; or

b

where the reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

12C

Where a claimant is receiving owner-occupier loan payments, an insurance payment deduction is made under regulation 14A(1) of the Loans for Mortgage Interest Regulations (insurance payment deduction) in relation to any decision under Article 9 or 11 and there is a change in the amount of the owner-occupier payments payable—

a

on a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)) to which those payments relate; or

b

on a loan or alternative finance arrangement not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

a decision under Article 11 which is made as a result of that change in the amount of the owner-occupier payments payable shall take effect on whichever of the dates referred to in paragraph (12D) is appropriate in the claimant’s case.

12D

The date on which a decision under Article 11 takes effect for the purposes of paragraph (12C) is—

a

the date on which the claimant’s liability to make owner-occupier payments is first met by an owner-occupier loan payment; or

b

where the change in the amount of the owner-occupier payments payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

12E

In paragraph (12D), “standard rate” has the same meaning as it has in regulation 13 of the Loans for Mortgage Interest Regulations (standard rate to be applied under regulations 11 and 12).

12F

Paragraph (12G) applies where—

a

a claimant is awarded state pension credit;

b

the claimant or the claimant’s partner has reached pensionable age (within the meaning in section 133(1) of the Contributions and Benefits Act);

c

the claimant is in receipt of owner-occupier loan payments; and

d

after the date from which sub-paragraph (c) applies—

i

a non-dependant (within the meaning in regulation 2(1) of the Loans for Mortgage Interest Regulations) begins to reside with the claimant, or

ii

there has been a change of circumstances in respect of a non-dependant and this reduces the amount of the owner-occupier loan payments.

12G

Where this paragraph applies, a decision made under Article 11 shall take effect—

a

where there is more than one change of the kind specified in paragraph (12F)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and

b

in any other circumstances, 26 weeks after the date on which a change specified in paragraph (12F)(d) occurred.

ii

omit paragraphs (13) to (17G) and (18) to (23);

c

in regulation 13 for paragraph (1) substitute—

1

Where, for the purpose of a decision under Article 9 (decisions by the Department) or 11 (decisions superseding earlier decisions)—

a

a determination falls to be made by the Department in respect of a claimant of income support, state pension credit or employment and support allowance as to—

i

the amount to be included in an owner-occupier loan payment under regulation 10 (calculation of each loan payment) of the Loans for Mortgage Interest Regulations, or

ii

what housing costs are to be included in the claimant’s applicable amount (in the case of income support or employment and support allowance) or the claimant’s appropriate minimum guarantee (in the case of state pension credit); and

b

it appears to the Department that the Department is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

the Department shall make the determination on the assumption that the amounts to be included in an owner-occupier loan payment, the claimant’s applicable amount, or the claimant’s appropriate minimum guarantee, as the case may be, are those that can be immediately determined.

d

in paragraph 5 of Schedule 1 for sub-paragraph (r) substitute—

r

regulation 17(1) (direct payments to qualifying lenders by the Department where specified circumstances met) of the Loans for Mortgage Interest Regulations;

12

In Schedule 3 (decisions against which no appeal lies), in paragraph 1 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 omit sub-paragraph (o).