xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IN.I. Claims for and Payments and General Administration of Benefit

[F1 Payments in respect of mortgage interest, etc.N.I.

Textual Amendments

F1S. 13A and cross-heading inserted (retrospective to 1.7.1992) by S.I. 1992/1309 (N.I. 9), art. 3(2), Sch. para. 1

F213A Payment out of benefit of sums in respect of mortgage interest, etc.N.I.

(1)This section applies in relation to cases where—

(a)mortgage interest is payable to a qualifying lender by a person (“the borrower”) who is entitled, or whose partner, former partner or qualifying associate is entitled, to income support [F3or an income-based jobseeker’s allowance]; and

(b)a sum in respect of that mortgage interest is or was brought into account in determining the applicable amount for the purposes of income support [F3or an income-based jobseeker’s allowance] in the case of the borrower or the partner, former partner or qualifying associate;

and any reference in this section to “the relevant beneficiary” is a reference to the person whose applicable amount for the purposes of income support [F3or an income-based jobseeker’s allowance] is or was determined as mentioned in paragraph (b) above.

[F4(1A)This section also applies in relation to cases where—

(a)mortgage interest is payable to a qualifying lender by a person (also referred to as “the borrower”) who is entitled, or whose partner, former partner or qualifying associate is entitled, to state pension credit; and

(b)a sum in respect of that mortgage interest is or was brought into account in determining the appropriate minimum guarantee for the purposes of state pension credit in the case of the borrower or the partner, former partner or qualifying associate;

and any reference in this section to “the relevant beneficiary” includes a reference to the person whose appropriate minimum guarantee for the purposes of state pension credit is or was determined as mentioned in paragraph (b) above.]

(2)Without prejudice to paragraphs (j) and (q) of section 5(1) above, regulations may, in relation to cases where this section applies, make provision—

(a)requiring that, in prescribed circumstances, a prescribed part of any relevant benefits [F5(other than state pension credit)] to which the relevant beneficiary is entitled shall be paid by the Department directly to the qualifying lender and applied by that lender towards the discharge of the liability in respect of the mortgage interest;

[F6(aa)authorising or requiring that, in prescribed circumstances, a prescribed part of any state pension credit to which the relevant beneficiary is entitled may (or, as the case may be, shall) be paid by the Department directly to the qualifying lender and shall be applied by that lender towards the discharge of the liability in respect of the mortgage interest;]

(b)for the expenses of the Department in administering the making of payments under the regulations to be defrayed, in whole or in part, at the expense of qualifying lenders, whether by requiring them to pay prescribed fees or by deducting and retaining a prescribed part of the payments that would otherwise be made to them under the regulations or by such other method as may be prescribed;

(c)for requiring a qualifying lender, in a case where by virtue of paragraph (b) above the amount of the payment made to him under the regulations is less than it would otherwise have been, to credit against the liability in respect of the mortgage interest (in addition to the payment actually made) an amount equal to the difference between—

(i)the payment that would have been so made, apart from paragraph (b) above; and

(ii)the payment actually made;

and, in any such case, for treating the amount so credited as properly paid on account of benefit due to the relevant beneficiary;

(d)for enabling a body which, or person who, would otherwise be a qualifying lender to elect not to be regarded as such for the purposes of this section, other than this paragraph;

(e)for the recovery from any body or person—

(i)of any sums paid to that body or person by way of payment under the regulations that ought not to have been so paid; or

(ii)of any fees or other sums due from that body or person by virtue of paragraph (b) above;

(f)for cases where the same person is the borrower in relation to mortgage interest payable in respect of two or more different loans; and

(g)for any person of a prescribed class or description who would otherwise be regarded for the purposes of this section as the borrower in relation to any mortgage interest not to be so regarded, except for the purposes of this paragraph;

but the Department shall not make any regulations under paragraph (b) above unless it has consulted with such organisations representing qualifying lenders likely to be affected by the regulations as it considers appropriate.

(3)The bodies and persons who are “qualifying lenders” for the purposes of this section are—

[F7(a)a deposit taker;]

(b)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(c)an insurer;]

(d)any district council;

(e)the Housing Executive;

and such bodies or persons not falling within paragraphs (a) to (e) above as may be prescribed.

(4)In this section—

[F16(4A)The definitions of “deposit taker” and “insurer” in subsection (4) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(5)For the purposes of this section, regulations may make provision—

(a)as to circumstances in which residential land is or is not to be treated as intended for occupation by the borrower as his home; or

(b)as to circumstances in which persons are to be treated as being or not being members of the same household.]

Textual Amendments

F2S. 13A inserted (retrospective to 1.7.1992) by S.I. 1992/1309 (N.I. 9), art. 3(2), Sch. para. 1

F3Words in s. 13A(1) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 23(2); S.R. 1996/180, art.2

F4S. 13A(1A) inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(a); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F5Words in s. 13A(2)(a) inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(b); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F6S. 13A(2)(aa) inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(c); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F11In s. 13A(4) definition of "appropriate minimum guarantee" inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(d)(i); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F12Words in s. 13A(4) in definition of "qualifying associate" substituted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(d)(ii); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F13Words in s. 13A(4) in the definition of "qualifying associate" substituted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(d)(ii); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F14S. 13A(4): in definition in s. 13A(4) para. (aa) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 23(4); S.R. 1996/180, art. 2

F15Words in s. 13A(4) in definition of "relevant benefits" added (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 14, 21(2), Sch. 2 para. 9(d)(iii); S.R. 2002/366, art. 2; S.R. 2003/373, art. 2