The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to provide that, where payments of mortgage interest are deducted from income support, an income-based jobseeker’s allowance, the guarantee credit element or savings credit element of state pension credit or an income-related employment and support allowance and paid to a qualifying lender, any amount paid in excess of the borrower’s actual mortgage interest liability shall be applied first to pay off any arrears of mortgage interest and then to repay the principal sum of that mortgage or any other liability to the qualifying lender in respect of that mortgage.

Provision is also made for the application of any such excess in cases where the borrower is liable to pay mortgage interest to the same qualifying lender in respect of more than one loan.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.