The Social Security (Claims and Payments) Regulations 1987

Changes over time for: Paragraph 3

Version Superseded: 06/04/2018

Alternative versions:

01/01/2014- Amendment
26/11/2014
Point in time
06/04/2018- Amendment

Status:

Point in time view as at 26/11/2014. This version of this provision has been superseded.

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[F1Specified part of relevant benefitE+W+S

3.—[F2(1) Subject to the following provisions of this paragraph, the part of any relevant benefits which, as determined by the [F3Secretary of State in accordance with regulation 34A, shall be paid] directly to the qualifying lender (“the specified part") is[F4, in the case of income support,] a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [F4or, in the case of jobseeker’s allowance, equal to the amount of mortgage interest to be met in accordance with paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations][F5or, in the case of employment and support allowance, a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations].]

[F6(1A) Subject to the following provisions of this paragraph, the part of state pension credit which, as determined by the Secretary of State in accordance with regulation 34A, shall be paid directly to the qualifying lender [F7or, in accordance with regulation 34B, may be paid directly to the qualifying lender], is a sum equal to the amount of mortgage interest to be met under paragraph 7 of Schedule II to the State Pension Credit Regulations.]

F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, in determining a relevant beneficiary’s applicable amount for the purposes of income support [F8income-based jobseeker's allowance or income-related employment and support allowance] [F9or a relevant beneficiary’s appropriate minimum guarantee in state pension credit]—

(a)a sum in respect of housing costs is brought into account in addition to a sum in respect of mortgage interest; and

(b)in accordance with [F10paragraph 4(8) or (11) or paragraph 18] of Schedule 3 to the Income Support Regulations [F11or, as the case may be [F12paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or], paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F13or paragraph 6(10) or (13) or 19 of Schedule 6 to the Employment and Support Allowance Regulations] an amount is not allowed or a deduction falls to be made from the amount to be met under [F14either of those Schedules],

then the specified part referred to in [F15sub-paragraph (1) or (1A)] of this paragraph is the mortgage interest minus a sum calculated by applying the formula—

[F10where—

housing costs within the meaning of paragraph 1 of Schedule 3 to the Income Support Regulations [F16or, as the case may be [F17paragraph 1 of Schedule II to the State Pension Credit Regulations or], paragraph 1 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F18or paragraph 1 of Schedule 6 to the Employment and Support Allowance Regulations];

the housing costs to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [F16or, as the case may be [F19paragraph 7 of Schedule II to the State Pension Credit Regulations or], paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F20or paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations]; and

the sum which is not allowed or falls to be deducted in accordance with paragraph 18 of Schedule 3 to the Income Support Regulations [F16or, as the case may be [F21paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or], paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F22or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations].]

(4) [F23Except where the relevant benefit is state pension credit,] where a payment is being made under a policy of insurance taken out by a beneficiary to insure against the risk of his being unable to maintain repayments of mortgage interest to a qualifying lender, then the amount of any relevant benefits payable to that lender shall be reduced by a sum equivalent to so much of the amount payable under the policy of insurance as represents payments in respect of mortgage interest.

F24(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where the amount of any relevant benefits to which a relevant beneficiary is entitled is less than the sum which would, but for this sub-paragraph, have been the specified part, then the specified part shall be the amount of any relevant benefits to which the relevant beneficiary is entitled less 10p.

[F27(9) In the case of a person to whom regulation 6(5) of the Income Support Regulations applies, no part of any relevant benefit shall be paid directly by the Secretary of State to a qualifying lender.]

[F28(10) In sub-paragraph (1), the relevant benefits do not include in the case of state pension credit [F29but not in a case to which sub-paragraph (11) applies,] so much of any additional amount which is applicable in the claimant’s case under Schedule II to the State Pension Credit Regulations (housing costs) in respect of a period before the decision awarding state pension credit was made.]

[F30(11) This sub-paragraph applies where the last day on which either the claimant or his partner were entitled to income support or to an income-based jobseeker’s allowance was no more than twelve weeks before—

(a)except where paragraph (b) applies, the first day of entitlement to state pension credit; or

(b)where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date.]]

Textual Amendments

F1Sch. 9A inserted (25.5.1992 for specified purposes and for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 6

F2Sch. 9A para. 3(1) substituted for Sch. 9A para. 3(1) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 7(a)

F3Words in Sch. 9A para. 3(1) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 17 (with reg. 3(1)(b), Schs. 21-23)

F4Words in Sch. 9A para. 3(1) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(27)(c)

F5Words in Sch. 9A para. 3(1) added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 27(4)(a)

F6Sch. 9A para. 3(1A) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(2)(c)(i)

F7Words in Sch. 9A para. 3(1A) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(a), 5(5)(d)(i)

F8Words in Sch. 9A para. 3(3) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 27(4)(b)(i)

F9Words in Sch. 9A para. 3 inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(2)(c)(ii)(aa)

F10Words in Sch. 9A para. 3(3)(b) (5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 7(b)(c)

F11Words in Sch. 9A para. 3(3)(b) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(27)(c)