““alternative finance arrangements” has the meaning given in paragraph 5(4) of Schedule 1 to these Regulations;”;

““joint claimants”—

(a)

in the case of jobseeker’s allowance means—

1. (i)

   members of a joint-claim couple who have jointly made a claim for, and are entitled to, income-based jobseeker’s allowance; or

2. (ii)

   members of a joint-claim couple who have made a claim for, but are not entitled to, such a benefit by reason only that they have income —

   1. (aa)

      equal to or exceeding the applicable amount, but

   2. (bb)

      less than the sum of that applicable amount and the amount of a loan payment applicable to the joint-claim couple;

(b)

in the case of universal credit means members of a couple who have jointly made a claim for, and are entitled to, universal credit;”;

““single claimant” means —

(a)

an individual who has made a claim for, and is entitled to, a qualifying benefit;

(b)

an individual who has made a claim for, but is not entitled to, a legacy benefit or state pension credit by reason only that the individual has, or, if the individual is a member of a couple, they have, income—

1. (i)

   equal to or exceeding the applicable amount, but

2. (ii)

   less than the sum of that applicable amount and the amount of a loan payment applicable to the individual;”;

“(aa)

a person being treated as entitled to a qualifying benefit is to be read as a reference to a person who satisfies paragraph (a)(ii) of the definition of “joint claimants” or paragraph (b) of the definition of “single claimant”, except in the definition of “qualifying period”, regulation 21(5)(b) and paragraph 3 of Schedule 1;”.

“(c)

in the case of an SPC claimant, the first day of entitlement to state pension credit;”;

“(e)

a date requested by the claimant.”;

“(2)

If the day referred to in paragraph (1)(a) to (c) and (e) is not the first day of the claimant’s benefit week, in the case of a legacy benefit claimant or SPC claimant, or assessment period, in the case of a UC claimant, the day referred to shall be the first day of the first benefit week or first assessment period that begins after that date.”.

“(7)

If a legacy benefit claimant ceases to be entitled to, or treated as entitled to, a legacy benefit (“the old entitlement”) but becomes entitled, or treated as entitled, again to the benefit (“the new entitlement”) within the period of 52 weeks beginning with the day on which the claimant ceased to be entitled, or treated as entitled, to the old entitlement, the loan payments may begin without a new qualifying period starting if the claimant wishes to receive loan payments on the basis of the new entitlement.”.

“(c)

where the conditions in paragraph (1A) are met, the day on which the Department sends a completion statement to the claimant.”;

“(1A)

The conditions are—

(a)

the claimant requests a completion statement from the Department in order to repay all of the outstanding amount in accordance with regulation 16(6) and (7) (repayment); and

(b)

the outstanding amount is paid within 30 days beginning with the day on which the completion statement is sent by the Department to the claimant.

(1B)

Where regulation 16(3) (repayment) applies, the Department shall continue to charge interest on the outstanding amount until the day referred to in 15(1) (interest).”;

“(4A)

For the purposes of this regulation, a “completion statement” means a written statement setting out the outstanding amount owed by the claimant to the Department.”.

“(c)

in the case of—

(i)

a claimant who is the sole legal owner of the relevant accommodation or the legal owner of the accommodation with someone other than a partner, the claimant’s death,

(ii)

a claimant with a partner who is the sole legal owner of the relevant accommodation or the legal owner of the accommodation with someone other than the claimant, the partner’s death, or

(iii)

a claimant and partner who are both legal owners (whether or not with anyone else) of the relevant accommodation, the death of the last member of the couple.”;

“(aa)

the claimant, following the death of the claimant’s partner, where the claimant is in occupation of the relevant accommodation; or”.

“Determining the amount to be paid to a qualifying lender: one or more qualifying loans2.

(1)

Where one qualifying loan or alternative finance arrangement has been provided to a claimant by a qualifying lender, the amount that is to be paid direct to that lender is the amount of each loan payment.

(2)

Where more than one qualifying loan or alternative finance arrangement has been provided to a claimant by a qualifying lender, the amount that is to be paid direct to that lender is the amount of each loan payment in respect of each of those loans or alternative finance arrangements added together.”;

“(a)

first, towards discharging the amount of any liability of the claimant for arrears of owner-occupier payments in respect of the qualifying loan or alternative finance arrangement in respect of which the excess amount was paid;

(b)

if any amount of the excess is then remaining, towards discharging any liability of the claimant to repay—

(i)

in respect of the loan or alternative finance arrangement referred to in sub-paragraph (3)(a), the principal sum or any other sum payable by the claimant to that lender, or

(ii)

in respect of any other loan or alternative finance arrangement, any sum payable by the claimant to that lender where the liability to pay that sum is not already discharged.”.

“PART 1General”;

“(e)

in Schedule 9—

(i)

for paragraph 2914 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.”.

“(g)

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.”, and

(ii)

in paragraph 31(1)15—

(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.”.

“(d)

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.”, and

(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.”.

“7.

The Claims and Payments Regulations16 are amended as follows—

(a)

omit regulations 34ZA17 and 34ZB18;

(b)

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

(c)

In Schedule 8A19—

(i)

in paragraph 1(1), omit the definition of “mortgage payment”20,

(ii)

in paragraph 3—

(aa)

omit sub-paragraph (2)(b)(i)21;

(bb)

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

(cc)

in sub-paragraph (2A)(b)22 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)23 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)24,

(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) 201625 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) 200526 are amended as follows—

(a)

in regulation 2—

(i)

in paragraph (1), after the definition of “order freeing a child for adoption”27 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)28—

(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)29—

(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) 198830 are amended as follows—

(a)

in regulation 1(2)—

(i)

in the definition of “claimant”31, 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)32—

(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.”.

PART 2Decisions and Appeals

11.

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199933 are amended as follows—

(a)

in regulation 1(2)—

(i)

after the definition of “limited capability for work”34 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”35 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) 201636 omit sub-paragraph (o).”