The Loans for Mortgage Interest Regulations 2017

Regulation 3(2)(b)

SCHEDULE 2 Circumstances in which a claimant is, or is to be treated as, liable to make owner-occupier payments

PART 1 Legacy benefit claimants and SPC claimants

Application of Part 1

1.  This Part applies to legacy benefit claimants and SPC claimants.

Liable or treated as liable to make payments

2.—(1) A claimant is liable to make owner-occupier payments where in the case of a single claimant, the claimant or the claimant's partner (if any), or, in the case of joint claimants, either member of the couple, has a liability to make the payments.

(2) A claimant is to be treated as liable to make owner-occupier payments where—

(a) all of the following conditions are met—

(i) the person who is liable to make the payments is not doing so;

(ii) the claimant has to make the payments in order to continue occupation of the relevant accommodation; and

(iii) it is reasonable in all the circumstances to treat the claimant as liable to make the payments; or

(b) all of the following conditions are met—

(i) the claimant in practice shares the responsibility for the owner-occupier payments with other members of the household, none of whom are close relatives of, in the case of a single claimant, the claimant or the claimant’s partner (if any), or, in the case of joint claimants, either member of the couple;

(ii) one or more of those members is liable to meet those payments; and

(iii) it is reasonable in all the circumstances to treat that member as sharing responsibility.

(3) Where any one or more, but not all, members of the claimant’s family are affected by a trade dispute, the owner-occupier payments shall be treated as wholly the responsibility of those members of the family not so affected.

(4) For the purposes of sub-paragraph (3), “trade dispute” has the meaning given in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992(1).

Treated as not liable to make payments

3.  A claimant is to be treated as not liable to make owner-occupier payments where the liability to make the payments is owed to a person who is a member of the claimant’s household.

PART 2 UC claimants

Application of Part 2

4.  This Part applies to UC claimants.

Liable or treated as liable to make payments

5.—(1) A claimant is liable to make owner-occupier payments where in the case of a single claimant, the claimant or the claimant’s partner (if any), or, in the case of joint claimants, either member of the couple, has a liability to make the payments.

(2) A claimant is to be treated as liable to make owner-occupier payments where—

(a) the person who is liable to make the payments is a child or qualifying young person for whom the claimant is responsible;

(b) all of the following conditions are met—

(i) the person who is liable to make the payments is not doing so;

(ii) the claimant has to make the payments in order to continue occupation of the relevant accommodation;

(iii) the claimant’s circumstances are such that it would be unreasonable to expect them to make other arrangements; and

(iv) it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments; or

(c) the claimant—

(i) has a liability to make the payments which is waived by the person (“P”) to whom the liability is owed; and

(ii) the waiver of that liability is by way of reasonable compensation for reasonable repair or re-decoration works carried out by the claimant to the relevant accommodation which P would otherwise have carried out or been required to carry out.

(3) [F1 Sub-paragraph (1)] does not apply to a person in a polygamous marriage who is a single claimant by virtue of regulation 3(4) of the UC Regulations(2).

Textual Amendments

F1 Words in Sch. 2 para. 5(3) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(15)

Treated as not liable to make payments

6.  A claimant is to be treated as not liable to make owner-occupier payments—

(a) where the liability to make the payments is owed to a person who is a member of the claimant’s household;

(b) in respect of any amount which represents an increase in the sum that would otherwise be payable and is the result of—

(i) outstanding arrears of any payment or charge in respect of the relevant accommodation;

(ii) outstanding arrears of any payment or charge in respect of other accommodation previously occupied by the claimant; or

(iii) any other unpaid liability to make a payment or charge; or

(c) where the Secretary of State is satisfied that the liability to make the owner-occupier payments was contrived in order to secure the offer of loan payments or increase the amount of each loan payment.

(1)

1992 c. 52.

(2)

There have been amendments to regulation 3 which are not relevant to these Regulations.