SCHEDULE 5Consequential amendments
1
The IS Regulations are amended as follows—
a
in regulation 6(5)(c)79—
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)80 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)81 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)82—
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)83 for “under paragraphs 11 to 13 of Schedule 2” substitute “under paragraph 13 of Schedule 2”,
v
in paragraph 484 omit sub-paragraphs (2) to (12),
vi
in paragraph 885 omit sub-paragraphs (1)(a)(i), (1A) and (1B),
vii
in paragraph 986 omit sub-paragraph (2)(a)(i),
viii
omit paragraphs 10 to 1387,
ix
in paragraph 1488—
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 1689,
xi
in paragraph 1790—
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 1891, 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.
2
The JSA Regulations are amended as follows—
a
in regulation 8392 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)93 in paragraph (g) for “mortgage interest payments or such other housing costs as are prescribed” substitute “housing costs as prescribed”;
c
in regulation 86A94 in paragraph (d) for “mortgage interest payments or such other housing costs as are prescribed” substitute “housing costs as prescribed”;
d
in regulation 86B95 in paragraph (e) for “mortgage interest payments or such other housing costs as are prescribed” substitute “housing costs as prescribed”;
e
in regulation 8796 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)97 omit the definition of “standard rate”,
iii
in paragraph 1A(1)(a)98—
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)99 for “under paragraphs 11 to 13 of Schedule 2” substitute “under paragraph 13 of Schedule 2”,
v
in paragraph 1A(1A)(a)100—
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)101, for “under paragraphs 11 to 13 of Schedule 2” substitute “under paragraph 13 of Schedule 2”,
vii
in paragraph 4102 omit sub-paragraphs (2) to (12),
viii
in paragraph 7103 omit sub-paragraphs (1)(a)(i), (2), (2A) and (2B),
ix
in paragraph 8104 omit sub-paragraph (2)(a)(i),
x
omit paragraphs 9 to 12105,
xi
in paragraph 13106—
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 15107,
xiii
in paragraph 16108—
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 17109 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 18110 omit sub-paragraph (2).
3
Schedule 2 of the SPC Regulations is amended as follows—
a
in paragraph 1111—
i
in sub-paragraph (1)(b) for “under paragraphs 11 to 13” substitute “under paragraph 13”,
ii
in sub-paragraph (2)112 omit the definition of “standard rate”;
b
in paragraph 5113 omit sub-paragraphs (2) to (13);
c
omit paragraphs 7 to 12114;
d
in paragraph 13115—
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 14116 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)117 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)118 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)119 omit the definition of “standard rate”,
iii
in paragraph 3120—
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 6121 omit sub-paragraphs (2) to (14),
v
in paragraph 9122 omit sub-paragraphs (1)(a)(i) and (2),
vi
in paragraph 10123 omit sub-paragraph (2)(a)(i),
vii
omit paragraphs 11 to 14124
viii
in paragraph 15125—
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 19126 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 20127 omit sub-paragraph (2).
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”;
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.
6
In regulation 30(1)(b) of the Transitional Provisions Regulations129—
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”.