The Loans for Mortgage Interest Regulations 2017
| Jurisdiction | UK Non-devolved |
(1) These Regulations may be cited as the Loans for Mortgage Interest Regulations 2017.for the purposes of regulations 18 to 21, on 6th April 2018;for all other purposes, on 27th July 2017.(1) In these Regulations—
- “the Act” means the Welfare Reform and Work Act 2016;
- F8“alternative finance arrangements” has the meaning given in paragraph 5(4) of Schedule 1 to these Regulations;
- “alternative finance payments” has the meaning given in paragraph 5(3) of Schedule 1 to these Regulations;
- “applicable amount” means—
- (a) in the case of employment and support allowance, the claimant’s weekly applicable amount under regulations 67 to 70 of the ESA Regulations;
- (b) in the case of income support, the claimant’s weekly applicable amount under regulations 17 to 21AA of the IS Regulations;
- (c) in the case of jobseeker’s allowance, the claimant’s weekly applicable amount under regulations 83 to 86C of the JSA Regulations;
- (d) in the case of an SPC claimant, the claimant’s weekly appropriate minimum guarantee under section 2 of the State Pension Credit Act 2002;
- (e) in the case of a UC claimant, the maximum amount of a claimant’s award of universal credit under regulation 23(1) of the UC Regulations;
- “assessment period” has the meaning given in regulation 21 of the UC Regulations ;
- “benefit unit” means a single claimant and his or her partner (if any) or joint claimants;
- “benefit week” has the meaning given—
- (a) in the case of employment and support allowance, in regulation 2 of the ESA Regulations;
- (b) in the case of income support, in paragraph 4 of Schedule 7 to the Claims and Payment Regulations;
- (c) in the case of jobseeker’s allowance, in regulation 1 of the JSA Regulations;
- (d) in the case of state pension credit, in regulation 1 of the SPC Regulations;
- “charge by way of legal mortgage” has the meaning given in section 132(1) of the Land Registration Act 2002 ;
- “child” means a person under the age of 16;
- “claimant” means a single claimant or each of joint claimants;
- “Claims and Payment Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;
- “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or, if any of the preceding persons is one member of a couple, the other member of that couple;
-
F44“conveyancer” means—
- (a) in England and Wales, a conveyancer within the meaning of rule 217A of the Land Registration Rules 2003;
- (b) in Scotland, a solicitor or advocate within the meaning of section 65 of the Solicitors (Scotland) Act 1980, or a conveyancing practitioner as defined in section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
- “couple” means—
- (a) two people who are married to, or civil partners of, each other and are members of the same household;
- (b) two people who are not married to, or civil partners of, each other but are living together as a married couple or civil partners;
- “disabled person” has the meaning given—
- (a) in the case of employment and support allowance, in paragraph 1(3) of Schedule 6 to the ESA Regulations;
- (b) in the case of income support, in paragraph 1(3) of Schedule 3 to the IS Regulations;
- (c) in the case of jobseeker’s allowance, in paragraph 1(3) of Schedule 2 to the JSA Regulations;
- (d) in the case of state pension credit, in paragraph 1(2) (a) of Schedule 2 to the SPC Regulations;
- (e) in the case of universal credit, in paragraph 14(3) of Schedule 3 to these Regulations;
- “dwelling”—
- (a) in England and Wales, means a dwelling within the meaning of Part 1 of the Local Government Finance Act 1992;
- (b) in Scotland, means a dwelling within the meaning of Part 2 of that Act;
- “earned income” has the meaning given in Chapter 2 of Part 6 of the UC Regulations;
- “ESA Regulations” means the Employment and Support Allowance Regulations 2008 ;
- “existing claimant” means a claimant who is entitled to a qualifying benefit, including an amount for owner-occupier payments, on 5th April 2018;
- “financial year” has the meaning given in section 25(2) of the Budget Responsibility and National Audit Act 2011 ;
- “income” means any income which is, or which is treated as, an individual’s, including payments which are treated as earnings, and which is not disregarded, under—
- (a) in the case of employment and support allowance, Part 10 of the ESA Regulations;
- (b) in the case of income support, Part 5 of the IS Regulations;
- (c) in the case of jobseeker’s allowance, Part 8 of the JSA Regulations;
- (d) in the case of state pension credit, Part 3 of the SPC Regulations;
- “IS Regulations” means the Income Support (General) Regulations 1987 ;
-
F9“joint claimants”—
-
(a) in the case of jobseeker’s allowance means—
- (i) members of a joint-claim couple who have jointly made a claim for, and are entitled to, income-based jobseeker’s allowance; or
-
(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—
- (aa) equal to or exceeding the applicable amount, but
- (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;
-
(a) in the case of jobseeker’s allowance means—
- “joint-claim couple” has the meaning in section 1(4) of the Jobseekers Act 1995;
- “JSA Regulations” means the Jobseeker’s Allowance Regulations 1996;
- “legacy benefit” means income-related employment and support allowance, income support or income-based jobseeker’s allowance;
- “legacy benefit claimant” means a claimant who is entitled toF10, or is treated as entitled to, a legacy benefit;
- “legal estate” means any of the legal estates set out in section 1(1) of the Law of Property Act 1925 ;
- “legal owner” means the owner, whether alone or with others, of a legal estate or, in Scotland, a heritable or registered interest, in the relevant accommodation;
- “loan agreement” means an agreement entered into by a single claimant and...
To continue reading
Request your trial