Supplementary Benefit (Housing Requirements and Resources) Amendment Regulations 1987

JurisdictionUK Non-devolved
CitationSI 1987/17

1987 No. 17

SOCIAL SECURITY

The Supplementary Benefit (Housing Requirements and Resources) Amendment Regulations 1987

Made 13th January 1987

Coming into force 26th January 1987

The Secretary of State for Social Services, in exercise of the powers conferred on him by sections 2(2) and 34(1)1of, and paragraphs 1(2) and 2(1) of Schedule l to the Supplementary Benefits Act 19762and of all other powers enabling him in that behalf, with the consent of the Treasury3, and after reference to the Social Security Advisory Committee of the proposals other than that which the Committee has agreed should not be referred to it4, hereby makes the following regulations of which a draft has, in accordance with section 33(3) of that Act, been laid before Parliament and approved by a resolution of each House of Parliament:—

S-1 Citation and Commencement

Citation and Commencement

1. These regulations may be cited as the Supplementary Benefit (Housing Requirements and Resources) Amendment Regulations 1987 and shall come into force on 26th January 1987.

S-2 Amendment of the Supplementary Benefit (Requirements) Regulations 1983

Amendment of the Supplementary Benefit (Requirements) Regulations 1983

2.—(1) The Supplementary Benefit (Requirements) Regulations 19835shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 14 (housing requirements), the following paragraph shall be inserted after paragraph (5):—

“(5A) Where—

(a)

(a) for the purposes of section 48(5) of the General Rate Act 19676, it appears to a rating authority or it is determined in pursuance of subsection (6) of that section 48 that the hereditament including the home is a mixed hereditament and that only a proportion of the rateable value of the hereditament is attributable to use for the purpose of a private dwelling, or

(b)

(b) in Scotland, an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 19807has apportioned the net annual value of the premises including the home between the part occupied as a dwelling and the remainder,

the amounts applicable under regulation 15 or 17 shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private dwelling or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.”.

(3) The following regulation shall be substituted for regulation 15 (mortgage payments):—

“Interest on loans to acquire an interest in the home

S-15

15.—(1) Subject to paragraphs (2) to (10) the following amounts shall be applicable under this regulation:—

(a)

(a) if the claimant or, if he is a member of a married or unmarried couple, he or his partner is aged 60 or over, 100 per cent. of the eligible interest in his case;

(b)

(b) if the claimant or, if he is a member of a married or unmarried couple, he and his partner are aged under 60

(i) where the claimant has been in receipt of an allowance in respect of a continuous period of not less than 16 weeks, 100 per cent. of the eligible interest in his case;

(ii) in any other case, 50 per cent. of the eligible interest in that case.

(2) Where in a case to which paragraph (l )(b)(ii) applies —

(a)

(a) either:—

(i) the claim for an allowance is refused, or

(ii) an award of an allowance is terminated on appeal or review solely because the claimant’s resources exceed his requirements by virtue of the fact that only 50 per cent. of the eligible interest in his case is applicable to him under paragraph (1)(b)(ii), and

(b)

(b) the claimant or his partner makes a further claim no later than 20 weeks after—

(i) where the original claim for an allowance was refused, the date of that claim, or

(ii) where an award of an allowance was terminated on appeal or review, the date of the claim in respect Of which that award was made, the amount applicable under this regulation commencing on a date not before the expiry of 16 weeks from the date specified in head (i) or (ii), as the case may be, shall be 100 per cent. of the eligible interest in that case and until that date shall be the amount specified in paragraph (1)(b)(ii).

(3) Subject to paragraphs (4) and (5), in this regulation, “eligible interest” means the amount of interest on a loan, whether or not secured by way of a mortgage or, in Scotland, under a heritable security, taken out to defray money applied for the purpose of—

(a)

(a) acquiring an interest in the home; or

(b)

(b) paying off another loan but only to the extent that interest on that other loan would have been eligible interest had the loan not been paid off.

(4) Subject to paragraph(5) and regulation 14(5A) and to any restriction imposed under regulation 21, the amount of eligible interest in any case shall be the amount, calculated on a weekly basis, of—

(a)

(a) where, or in so far as, section 26 of the Finance Act 19828applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax thereon at the basic rate for the year of assessment in which the payment of interest becomes due;

(b)

(b) in any other case the interest which is payable on the loan without deduction of such a sum.

(5) Where a loan is applied only in part for a purpose specified in paragraph (3), only such proportion of the interest payable thereon as is equal to the proportion of the loan applied for that purpose shall qualify as eligible interest.

(6) Where, under the terms of a loan taken out for a purpose specified in paragraph (3), interest is payable on accumulated arrears of interest (whether or not those arrears have been consolidated with the outstanding capital), the amount of such interest shall be applicable under this regulation as if it were eligible interest but only in so far as it represents interest on arrears incurred during any period —

(a)

(a) when paragraph (l)(b)(ii) applied in that case, or

(b)

(b) when the claimant was not entitled to benefit which fell within the period of 20 weeks specified in paragraph (2)(b);

and in either case only to the extent that arrears do not exceed 50 per cent. of the...

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