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31.—(1) Except where paragraph 30 [F1or 31A] applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—
(a)any payment due on a loan if secured on the dwelling occupied as the home which does not qualify [F2under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations];
[F3(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);]
(c)any payment due on a loan which qualifies [F4under Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations] attributable to the payment of capital;
(d)any amount due by way of premiums on–
(i)an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above, or
(ii)an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home;
(e)his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge [F5exceeds] the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948 F6 [F7or Part 1 of the Care Act 2014 (care and support)] [F8or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act].
(2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).
[F9(3) In this paragraph—
(a)“Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;
(b)“loan payments” has the meaning given in the Loans for Mortgage Interest Regulations.]
Textual Amendments
F1Words in Sch. 7 para. 31(1) inserted (1.6.1998 for specified purposes) by The Social Security (Miscellaneous Amendments) (No.3) Regulations 1998 (S.I. 1998/1173), regs. 1(5), 5(a)
F2Words in Sch. 7 para. 31(1)(a) substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(aa) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))
F3Sch. 7 para. 31(1)(b) substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(bb) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))
F4Words in Sch. 7 para. 31(1)(c) substituted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(cc) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))
F5Word in Sch. 7 para. 31(1)(e) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(e)
F7Words in Sch. 7 para. 31(1)(e) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(b) (with art. 4)
F8Words in Sch. 7 para. 31(1)(e) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(7)(d)
F9Sch. 7 para. 31(3) inserted (6.4.2018) by S.I. 2017/725, Sch. 5 para. 3(g)(ii)(dd) (as inserted by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(d))
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