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The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

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This is the original version (as it was originally made).

Determining the amount to be paid to a qualifying lender: more than one loan

This section has no associated Explanatory Memorandum

5.—(1) Where the circumstances set out in paragraph 3(2) apply to a relevant claimant in respect of more than one loan, the amount that is to be paid under paragraph 3 directly to each of the qualifying lenders to whom loan interest payments are payable is to be calculated as follows.

(2) Where loan interest payments on two or more loans are payable to the same qualifying lender, the amount to be paid directly to that lender is found by—

(a)in respect of each of those loans, calculating an amount in accordance with Steps 1 and 2 of paragraph 4(1); and

(b)adding those amounts together.

(3) Where loan interest payments are payable to more than one qualifying lender, the amount to be paid directly to each lender is found by—

(a)where loan interest payments are payable to a qualifying lender in respect of one loan only, calculating an amount in accordance in accordance with Steps 1 and 2 of paragraph 4(1) in respect of the loan;

(b)where loan interest payments are payable to a qualifying lender in respect of more than one loan, calculating an amount in accordance with sub-paragraph (2).

(4) The amount to be paid directly to the qualifying lender in respect of the relevant claimant is—

(a)the amount resulting from sub-paragraph (2) or (3) in respect of that lender; or

(b)where the aggregate amount of all the specified benefits is less than the sum of the amounts resulting from sub-paragraph (2) or (3), the amount determined under sub-paragraph (5).

(5) For the purposes of sub-paragraph (4)(b)—

(a)the overall total of the amounts to be paid directly to the qualifying lenders is the aggregate amount of all of the specified benefits less one penny; and

(b)that amount is to be paid directly to qualifying lenders as follows—

(i)the qualifying lender in whose case the amount resulting from sub-paragraph (2) or (3) is the largest is to be paid first,

(ii)if anything remains, the qualifying lender in whose case the amount resulting from sub-paragraph (2) or (3) is next largest is to be paid next, and so on until nothing remains.

(6) In the application of sub-paragraph (5)(b) in any case where the amount resulting from sub-paragraph (2) or (3) is the same in respect of two or more qualifying lenders, the available amount is to be divided equally between them.

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