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The Loans for Mortgage Interest Regulations (Northern Ireland) 2017

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1.  The IS Regulations are amended as follows—N.I.

(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., and

(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..

[F1(e)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., and

(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..]

Textual Amendments

Marginal Citations

M1S.R. 1989 No. 459; regulation 6(5) was amended by regulation 2(2) of S.R. 2007 No. 475 and regulation 12(3) of S.R. 2008 No. 286.

M2Regulation 17(1) was amended by regulation 2 of S.R. 1988 No. 193, regulation 4(7) of S.R. 1993 No. 373, regulation 9 of S.R. 1996 No. 199, paragraph 2(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(3) of S.R. 2003 No. 267, regulation 2(4)(a) of S.R. 2006 No. 97 and regulation 3(2)(a) of S.R. 2010 No. 6.

M3Regulation 18(1) was amended by regulation 5(a) of S.R. 1988 No. 274, regulation 5 of S.R. 1988 No. 318, regulation 5 of S.R. 1989 No. 249, regulation 4(8) of S.R. 1993 No. 373, regulation 10(a)(ii) of S.R. 1996 No. 199, regulation 2(1) and paragraph 4 of Part 1 of the Schedule to S.R. 2002 No. 132, paragraph 3(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(4) of S.R. 2003 No. 267, regulation 2(4)(b) of S.R. 2006 No. 97 and regulation 3(2)(b) of S.R. 2010 No. 6.

M4Paragraph 1A was inserted by regulation 2(2) of S.R. 1997 No. 435 and sub-paragraph (1)(a) was amended by regulation 2(3)(a) of S.R. 2007 No. 475 and regulation 12(11)(b) of S.R. 2008 No. 286.

M5Paragraph 1A(1A)(a) was amended by regulation 2(3)(a)(iii) of S.R. 2007 No. 475.

M6Paragraph 4 was amended by regulation 2(3)(c) of S.R. 1995 No. 434, regulation 5(10)(a) of S.R. 1996 No. 405, regulation 16(2) of S.R. 1997 No. 541, regulation 3 and paragraph 8(b) of Schedule 1 to S.R. 2005 No. 458, regulation 2(3)(b) of S.R. 2007 No. 475, regulation 2(9)(b)(i) of S.R. 2008 No. 112, regulation 12(11)(c) of S.R. 2008 No. 286, regulation 2(8)(a) of S.R. 2008 No. 428 and regulation 3(7)(a) of S.R. 2011 No. 135.

M7Paragraph 8 was amended by regulation 2(3)(f) of S.R. 1995 No. 434, regulation 2(5) and (6) of S.R. 1997 No. 435, regulation 12(11)(e) of S.R. 2008 No. 286 and regulation 2(2)(d) of S.R. 2016 No. 44.

M8Paragraph 9 was amended by regulation 24(6)(c) of S.R. 2003 No. 191 and regulation 2(2)(e) of S.R. 2016 No. 44.

M9Paragraph 10 was amended by regulation 2(1) of S.R. 2001 No.406, regulation 2(b) of S.R. 2004 No. 461 and regulation 2(2)(f) of S.R. 2016 No.44. Paragraph 11 was amended by regulation 2(3)(g)(i) and (iii) of S.R. 1995 No. 434 and regulation 2(2)(g) of S.R. 2016 No. 44. Paragraph 12 was amended by regulation 2(c) of S.R. 2004 No. 461, regulation 2(3)(c)(ii) of S.R. 2007 No. 475, regulation 2(2)(b) of S.R. 2008 No. 503, regulation 2(2) of S.R. 2010 No. 340 and regulation 2(5) of S.R. 2014 No. 105. Paragraph 13 was amended by Article 7(11)(a) of S.R. 1999 No. 472 (C.36) and regulation 2(2)(h) of S.R. 2016 No. 44.

M11Paragraph 16 was amended by regulation 2(8)(c) of S.R. 2008 No. 248.

M12Paragraph 17 was amended by regulation 5 and paragraph 1(4)(a) of Schedule 2 to S.R. 2006 No. 407.

M13Paragraph 18 was amended by regulation 2(3)(j)(ii) and (iii) of S.R. 1995 No. 434, regulation 3(b) of S.R. 1997 No. 3, regulation 3 of SR. 1997 No. 165, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 3(4) of S.R. 2003 No. 261, regulation 4(b)(i) and (ii)(bb) of S.R. 2004 No. 394, regulation 3(4) of S.R. 2005 No. 580, regulation 5 and paragraph 1(4)(b) of Schedule 2 to S.R. 2006 No. 407, regulation 12(11)(g) of S.R. 2008 No. 286, regulation 2(5)(e) and (8)(d) of S.R. 2008 No. 428, regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69, regulation 7(5)(c) of S.R. 2011 No. 357, regulation 2(3) of S.R. 2013 No. 67, regulation 14(6) of S.I. 2013/3021, regulation 2(3) of S.R. 2014 No. 275, regulation 2(3)(b)(v) of S.R. 2016 No. 110 and regulation 11(6) of S.R. 2016 No. 228.

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