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The Loans for Mortgage Interest Regulations 2017

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This is the original version (as it was originally made).

Non-dependant deductions

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14.—(1) In the case of a legacy benefit claimant or SPC claimant, a deduction from each loan payment shall be made in respect of any non-dependant in accordance with paragraph (2).

(2) The amount to be deducted is calculated as follows.

Step 1

Identify the amount which is the sum of the loan payment calculated under regulation 10 and the amount of housing costs (if any) paid to a claimant under—

(a)paragraph 17 of Schedule 3 to the IS Regulations(1);

(b)paragraph 16 of Schedule 2 to the JSA Regulations(2);

(c)paragraph 18 of Schedule 6 to the ESA Regulations; or

(d)paragraph 13 of Schedule 2 to the SPC Regulations(3).

Step 2

Identify the total amount of the non-dependant deductions applicable to the claimant under—

(a)paragraph 18 of Schedule 3 to the IS Regulations(4);

(b)paragraph 17 of Schedule 2 to the JSA Regulations(5);

(c)paragraph 19 of Schedule 6 to the ESA Regulations(6); or

(d)paragraph 14 of Schedule 2 to the SPC Regulations(7).

Step 3

Identify the proportion of the non-dependant deductions applicable to the loan payment and housing costs (if any) in Step 1 by applying the formula—

where—

“A” is the total amount of the non-dependant deductions identified in Step 2,

“B” is the amount of the loan payment calculated under regulation 10, and

“C” is the amount identified in Step 1.

The result is the amount of the non-dependant deduction to be made from each loan payment in the case of a legacy benefit claimant or SPC claimant.

(1)

Paragraph 17 was amended by S.I. 2006/217 and 2378.

(2)

Paragraph 16 was amended by S.I. 2006/217 and 2378.

(3)

Paragraph 13 was amended by S.I. 1987/1967, 1996/207, 2002/3019, 2006/2378, 2008/794 and 2017/524.

(6)

Paragraph 19 was amended by S.I. 2008/2428, 2013/388, 591 and 630, 2014/2888 and 2017/204.

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