The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

Amendment of Schedule 9A

27.—(1) Schedule 9A(1) (deductions of mortgage interest from benefit and payment to qualifying lenders) is amended as follows.

(2) In paragraph 1 (interpretation) in the definition of “relevant benefits”(2)—

(a) after paragraph (c) omit “and”; and

(b) after paragraph (d) add—

“and

(e) income-related employment and support allowance;”.

(3) In paragraph 2(a)(3) (specified circumstances for the purposes of regulation 34A) after sub-paragraph (iii) add—

“or

(iv) Schedule 6 to the Employment and Support Allowance Regulations,”.

(4) In paragraph 3 (specified part of relevant benefit)—

(a) in sub-paragraph (1)(4) after “Jobseeker’s Allowance Regulations” add “or, 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”; and

(b) in sub-paragraph (3)(5)—

(i) for “or income-based jobseeker’s allowance” substitute “income-based jobseeker’s allowance or income-related employment and support allowance”;

(ii) in paragraph (b) after “Jobseeker’s Allowance Regulations” insert “or paragraph 6(10) or (13) or 19 of Schedule 6 to the Employment and Support Allowance Regulations”;

(iii) in the definition of “A” after “Jobseeker’s Allowance Regulations” add “or paragraph 1 of Schedule 6 to the Employment and Support Allowance Regulations”;

(iv) in the definition of “B” after “Jobseeker’s Allowance Regulations” add “or paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations”; and

(v) in the definition of “C” after “Jobseeker’s Allowance Regulations” add “or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations”.

(5) In paragraph 4(2)(a)(6) (direct payment: more than one loan) after “Jobseeker’s Allowance Regulations” insert “or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations”.

(6) In paragraph 10(7) (provision of information)—

(a) in sub-paragraph (2)(a) after “income support” insert “, employment and support allowance”:

(b) in sub-paragraph (3)(a) after “income support” insert “, employment and support allowance”; and

(c) in sub-paragraph (4) after “(housing costs)” the first time it occurs insert “, paragraph 3 of Schedule 6 to the Employment and Support Allowance Regulations (housing costs)”.

(7) In paragraph 11(2)(a)(i)(8) (recovery of sums wrongly paid) after “Jobseeker’s Allowance Regulations” insert “, or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations”.

(1)

Schedule 9A was inserted by S.I. 1992/1026.

(2)

Definition was substituted by S.I. 1996/672 and amended by S.I. 1996/1460 and 3195, 2002/2441 and 3019 and 2005/777.

(3)

Paragraph 2 was substituted by S.I. 1995/1613 and amended by S.I. 1996/1460, 2002/3019 and 3197 and 2004/2825.

(4)

Sub-paragraph (1) was substituted by S.I. 1995/1613 and amended by S.I. 1996/1460 and 1999/3178.

(5)

Sub-paragraph (3) was amended by S.I. 1995/1613, 1996/1460 and 2002/3019.

(6)

Paragraph 4 was amended by S.I. 1995/1613, 1996/1460, 1997/827 and 2002/3019.

(7)

Paragraph 10 was amended by S.I. 1996/1460, 1997/2305 and 2002/3019

(8)

Paragraph 11 was amended by S.I. 1995/1613, 1996/1460, 2002/3197 and 2004/2825.