The Loans for Mortgage Interest Regulations (Northern Ireland) 2017

Interpretation N.I.

2.—(1) In these Regulations—

“the Order” means the Welfare Reform and Work (Northern Ireland) Order 2016;

[F1 “alternative finance arrangements” has the meaning given in paragraph 5(4) of Schedule 1 to these Regulations;]

“alternative finance payments” has the meaning in paragraph 5(3) of Schedule 1 (meaning of owner occupier payments) to these Regulations;

“applicable amount” means—

(a)

in the case of employment and support allowance, the claimants weekly applicable amount under regulations 67 to 70 of the ESA Regulations M1 (prescribed amounts);

(b)

in the case of income support, the claimant's weekly applicable amount under regulations 17 to 21AA of the IS Regulations M2 (applicable amounts);

(c)

in the case of jobseeker's allowance, the claimant's weekly applicable amount under regulations 83 to 86C of the JSA Regulations M3 (applicable amounts);

(d)

in the case of a SPC claimant, the claimant's weekly appropriate minimum guarantee under section 2 of the State Pension Credit Act (Northern Ireland) 2002 M4 (guarantee credit);

(e)

in the case of a UC claimant, the maximum amount of a claimant's award of universal credit under Article 13(2) of the Welfare Reform (Northern Ireland) Order 2015 (calculation of awards);

“assessment period” has the meaning given in regulation 22 of the UC Regulations (assessment periods);

“benefit unit” means a single claimant and his or her partner (if any) or joint claimants;

“benefit week” has the meaning given—

(a)

in the case of employment and support allowance, in regulation 2(1) of the ESA Regulations (interpretation);

(b)

in the case of income support, in paragraph 4 of Schedule 7 to the Claims and Payments Regulations (time of payment and commencement of entitlement in Income Support cases);

(c)

in the case of jobseeker's allowance, in regulation 1(2) of the JSA Regulations M5 (citation, commencement and interpretation);

(d)

in the case of state pension credit, in regulation 1(2) of the SPC Regulations M6 (citation, commencement and interpretation);

“child” means a person under the age of 16;

“claimant” means a single claimant or each of joint claimants;

“ [F2 Claims and Payments Regulations] ” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 M7 ;

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or, if any of the preceding persons is one member of a couple, the other member of that couple;

“couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household;

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple or civil partners;

“Department” means the Department for Communities;

“disabled person” has the meaning given—

(a)

in the case of employment and support allowance, in paragraph 1(3) of Schedule 6 to the ESA Regulations M8 (housing costs);

(b)

in the case of income support, in paragraph 1(3) of Schedule 3 to the IS Regulations M9 (housing costs);

(c)

in the case of jobseeker's allowance, in paragraph 1(3) of Schedule 2 to the JSA Regulations M10 (housing costs);

(d)

in the case of state pension credit, in paragraph 1(2) of Schedule 2 to the SPC Regulations M11 (housing costs); and

(e)

in the case of universal credit M12 , in paragraph 14(3) of Schedule 3 to these Regulations (moving homes: adaptations to new homes for disabled person);

“dwelling” means a hereditament used wholly for the purposes of a private dwelling as determined in accordance with Schedule 5 to the Rates (Northern Ireland) Order 1977 M13 together with any garage, garden and outbuildings normally occupied by the claimant as his or her home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with—

(a)

any agriculture land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

“earned income” has the meaning given in Chapter 2 of Part 6 of the UC Regulations (earned income);

“ESA Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008 M14 ;

“existing claimant” means a claimant who is entitled to a qualifying benefit, including an amount for owner-occupier payments, on 5th April 2018;

“financial year” has the meaning given in section 25(2) of the Budget Responsibility and National Audit Act 2011 M15 ;

“full-owner” has the meaning given in section 12(a) and (c) of the Land Registration Act (Northern Ireland) 1970 M16 ;

“income” means any income which is, or which is treated as, an individual's, including payments which are treated as earnings, and which is not disregarded, under—

(a)

in the case of employment and support allowance, Part 10 of the ESA Regulations (income and capital);

(b)

in the case of income support, Part V of the IS Regulations (income and capital);

(c)

in the case of jobseeker's allowance, Part VIII of the JSA Regulations (income and capital);

(d)

in the case of state pension credit, Part III of the SPC Regulations (income);

“IS Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987 M17 ;

[F3 “joint claimants”—

(a)

in the case of jobseeker’s allowance means—

(i)

members of a joint-claim couple who have jointly made a claim for, and are entitled to, income-based jobseeker’s allowance; or

(ii)

members of a joint-claim couple who have made a claim for, but are not entitled to, such a benefit by reason only that they have income —

(aa)

equal to or exceeding the applicable amount, but

(bb)

less than the sum of that applicable amount and the amount of a loan payment applicable to the joint-claim couple;

(b)

in the case of universal credit means members of a couple who have jointly made a claim for, and are entitled to, universal credit;]

“joint-claim couple” has the meaning in Article 3(4) of the Jobseekers (Northern Ireland) Order 1995 M18 (the jobseeker's allowance);

“JSA Regulations” means the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M19 ;

“leasehold estate” has the meaning given in section 94 of the Land Registration Act (Northern Ireland 1970;

“legacy benefit” means income-related employment and support allowance, income support or income-based jobseeker's allowance;

“legacy benefit claimant” means a claimant who is entitled to [F4 , or is treated as entitled to,] a legacy benefit;

“legal owner” means in the case of unregistered land, the owner of an estate in fee simple absolute, a fee farm grant or the owner of a leasehold estate and in the case of registered land, the person registered as full owner;

“loan agreement” means an agreement entered into by a single claimant and his or her partner (if any), or each joint claimant, and the Department, which sets out the terms and conditions upon which the loan payments are made to the claimant;

“loan payments” means one or more payments, calculated under regulation 10 (calculation of each loan payment), in respect of a claimant's liability to make owner-occupier payments in respect of the relevant accommodation;

“loan payments offer date” means the day on which the Department sends the loan agreement to a claimant;

“Modified Rules” means the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008 M20 ;

“mortgage” has the same meaning as in the Conveyancing Acts 1881 to 1911;

“new claimant partner” has the meaning given in regulation 5 of the Transitional Provisions Regulations;

“non-dependant” has the meaning given—

(a)

in the case of employment and support allowance, in regulation 71 of the ESA Regulations (definition of non-dependant);

(b)

in the case of income support, in regulation 3 of the IS Regulations M21 (definition of non-dependant);

(c)

in the case of jobseeker's allowance, in regulation 2 of the JSA Regulations (definition of non-dependant);

(d)

in the case of state pension credit, in paragraph 1(4) of Schedule 2 to the SPC Regulations (housing costs-definition of non-dependant);

“owner-occupier payments” has the meaning in regulation 3(2)(a) (the offer of loan payments);

“partner” means—

(a)

where a claimant is a member of a couple, the other member of that couple;

(b)

where a claimant is married polygamously to 2 or more members of the claimant's household, all such members;

“polygamous marriage” means a marriage during which a party to it is married to more than one person and which took place under the laws of a country which permits polygamy;

“qualifying benefit” means income-related employment and support allowance, income support, income-based jobseeker's allowance, state pension credit or universal credit;

“qualifying lender” has the meaning given in Article 14(7) of the Order (Article 13: further provision);

“qualifying loan” means—

(a)

in the case of a legacy benefit or state pension credit, a loan which qualifies under paragraph 2(2) or (4) of Schedule 1 to these Regulations (meaning of owner-occupier payments);

(b)

in the case of universal credit, a loan which qualifies under paragraph 5(2) of Schedule 1 to these Regulations;

“qualifying period” means a period of—

(a)

[F5 3] consecutive assessment periods in which a claimant has been entitled to universal credit;

(b)

39 consecutive weeks in which a claimant—

(i)

has been entitled to a legacy benefit, or

(ii)

is treated as having been entitled to such a benefit under—

(aa)

paragraph 14 of Schedule 3 to the IS Regulations (linking rule) M22 ;

(bb)

paragraph 13 of Schedule 2 to the JSA Regulations (linking rule) M23 ; or

(cc)

paragraph 15 of Schedule 6 to the ESA Regulations (linking rules) M24 ;

“qualifying young person” has the meaning given—

(a)

in the case of a legacy benefit, in section 138 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M25 (“child” and “qualifying young person”);

(b)

in the case of state pension credit, in regulation 4A of the SPC Regulations M26 (meaning of “qualifying young person”);

(c)

in the case of universal credit, in regulation 6 of the UC Regulations (meaning of “qualifying young person”);

“relevant accommodation” means the accommodation which the claimant occupies, or is treated as occupying, as the claimant's home under Schedule 3 (circumstances in which a claimant is, or is to be, treated as occupying accommodation);

“relevant date”, apart from in regulation 21 (transition from legacy benefit to universal credit), means the first date with respect to which a claimant's liability to make owner-occupier payments is met by a loan payment;

[F6 “single claimant” means —

(a)

an individual who has made a claim for, and is entitled to, a qualifying benefit;

(b)

an individual who has made a claim for, but is not entitled to, a legacy benefit or state pension credit by reason only that the individual has, or, if the individual is a member of a couple, they have, income—

(i)

equal to or exceeding the applicable amount, but

(ii)

less than the sum of that applicable amount and the amount of a loan payment applicable to the individual;]

“single person” means an individual who is not a member of a couple;

“SPC claimant” means a claimant who is entitled to [F7 , or is treated as entitled to,] state pension credit;

“SPC Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003 M27 ;

“transitional end day” has the meaning given in regulations 19(1) [F8 (transitional provision: loan offer made before 6th April 2018), 19A(1) and (5) (transitional provision: loan offer made on or after 6th April 2018) and 20(2) (transitional provision: persons who lack capacity or may lack capacity identified before 6th April 2018)] ;

“Transitional Provisions Regulations” means the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 M28 ;

“UC claimant” means a claimant who is entitled to universal credit;

“UC Regulations” means the Universal Credit Regulations (Northern Ireland) 2016;

“unearned income” has the meaning given in Chapter 3 of Part 6 of the UC Regulations (unearned income).

(2) For the purposes of these Regulations, a reference to—

(a) entitlement to a qualifying benefit is to be read as a reference to entitlement as determined under the ESA Regulations, IS Regulations, JSA Regulations, SPC Regulations and UC Regulations;

[F9 (aa) a person being treated as entitled to a qualifying benefit is to be read as a reference to a person who satisfies paragraph (a)(ii) of the definition of “joint claimants” or paragraph (b) of the definition of “single claimant”, except in the definition of “qualifying period”, regulation 21(5)(b) and paragraph 3 of Schedule 1;]

(b) the claimant's family or to being a member of the claimant's family means a reference to the claimant's partner and any child or qualifying young person who is the responsibility of the claimant or the claimant's partner, where that child or qualifying young person is a member of the claimant's household;

(c) a person being responsible for a child or qualifying young person is to be read as a reference to a person being treated as responsible for a child or qualifying young person in the circumstances specified in—

(i) in the case of employment and support allowance, regulation 156(10) of the ESA Regulations (circumstances in which a person is to be treated as being or not being a member of the household),

(ii) in the case of income support, regulation 15 of the IS Regulations M29 (circumstances in which a person is to be treated as responsible or not responsible for another),

(iii) in the case of jobseeker's allowance, regulation 77 of the JSA Regulations M30 (circumstances in which a person is to be treated as responsible or not responsible for another),

(iv) in the case of state pension credit and universal credit, regulation 4 of the UC Regulations (when a person is responsible for a child or a qualifying young person);

(d) a person being a member of a household is to be read as a reference to a person being treated as a member of the household in the circumstances specified in—

(i) in the case of employment and support allowance, in regulation 156 of the ESA Regulations M31 (circumstances in which a person is to be treated as being or not being a member of the household),

(ii) in the case of income support, in regulation 16 of the IS Regulations M32 (circumstances in which a person is treated as being or not being a member of the household),

(iii) in the case of jobseeker's allowance, in regulation 78 of the JSA Regulations M33 (circumstances in which a person is treated as being or not being a member of the household),

(iv) in the case of state pension credit and universal credit, in regulation 5 of the SPC Regulations M34 (persons treated as being or not being members of the same household);

(e) a person being engaged in remunerative work is to be read as a reference to a person being treated as engaged in remunerative work—

(i) in the case of employment and support allowance, in regulations 41 to 43 of the ESA Regulations M35

(ii) in the case of income support, in regulations 5 and 6 of the IS Regulations M36

(iii) in the case of jobseeker's allowance, in regulations 51 to 53 of the JSA Regulations M37 ;

(iv) in the case of state pension credit, in paragraph 2 of Schedule 2 to the SPC Regulations M38 .

(3) Subject to paragraph (4), the Interpretation Act (Northern Ireland) 1954 M39 shall apply to these Regulations as it applies to an Act of the Assembly.

(4) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954 where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

Textual Amendments

F1 Words in reg. 2(1) inserted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(a)

F2 Words in reg. 2(1) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(b)

F3 Words in reg. 2(1) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(c)

F4 Words in reg. 2(1) inserted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(d)

F5 Word in reg. 2(1) substituted (3.4.2023) by The Loans for Mortgage Interest (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/31), regs. 1, 2(2)

F6 Words in reg. 2(1) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(e)

F7 Words in reg. 2(1) inserted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(f)

F8 Words in reg. 2(1) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(g)

F9 Reg. 2(2)(aa) inserted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(2), 2(2)(h)

Marginal Citations

M1 S.R. 2008 No. 280; regulation 67 was amended by regulation 3(4)(a) of S.R. 2010 No. 6. Regulation 68 was amended by regulation 3(4)(b) of S.R. 2010 No. 6. Regulation 69 was amended by regulation 5(2) of S.R. 2010 No.58. Regulation 70 was amended by regulation 7(a) of S.R. 2009 No. 68, regulation 7 of S.R. 2012 No. 280, regulation 11(22) of S.R. 2013 No. 246 and regulation 7 of S.R. 2014 No. 133.

M2 S.R. 1987 No. 459; regulation 17 was amended by regulation 2 of S.R. 1988 No. 193, regulation 4 of S.R. 1989 No. 395, regulation 4(7) of S.R. 1993 No. 373, regulation 9 of S.R. 1996 No. 199, paragraph 2(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(3) of S.R. 2003 No. 267, regulation 3 and paragraph 4 of Schedule 1 to S.R. 2005 No. 458, regulation 2(4)(a) of S.R. 2006 No. 97 and regulation 3(2)(a) of S.R. 2010 No.6. Regulation 18 was amended by regulation 5(a) and (c) of S.R. 1988 No. 274, regulation 5 of S.R. 1988 No. 318, regulation 5 of S.R. 1989 No. 249, regulation 4(8) of S.R. 1993 No. 373, regulation 10(a)(ii) and (b) of S.R. 1996 No. 199, regulation 2(1) and paragraph 4 of Part 1 of the Schedule to S.R. 2002 No. 132, paragraph 3(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(4) of S.R. 2003 No. 267, regulation 2(4)(b) of S.R. 2006 No. 97 and regulation 3(2)(b) of S.R. 2010 No.6. Regulation 19 was omitted by paragraph 5 of Part 1 of the Schedule to S.R. 2002 No. 132. Regulation 20 was omitted by paragraph 4 of Schedule 1 to S.R. 1989 No. 139. Regulation 21 was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 2(6)(a) of S.R. 1995 No. 86, regulation 12 of S.R. 1996 No. 199, regulation 2(2) of S.R. 1996 No. 449, regulation 5(2)(b)(i) of S.R. 1998 No. 81, regulation 5(4) of S.R. 2000 No. 71, paragraph 6 of the Schedule to S.R. 2002 No. 132, paragraph 4(a) of Schedule 1 to S.R. 2003 No. 195, regulation 3(a) of S.R. 2003 No. 412, regulation 3 and paragraph 5 of Schedule 1 to S.R. 2005 No. 458, paragraph 12(3) of Schedule 3 to S.R. 2005 No. 536, regulation 3(2) of S.R. 2005 No. 580, regulation 2(2) of S.R. 2006 No. 178, regulation 2(4) of S.R. 2009 No. 92 and regulation 3(2) of S.R. 2010 No. 58. Regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178 and amended by regulation 2 of S.R. 2006 No. 379, regulation 2(a) of S.R. 2009 No. 68, regulation 2 of S.R. 2012 No. 380, regulation 3(4) of S.R. 2013 No. 246 and regulation 2 of S.R. 2014 No. 133.

M3 S.R. 1996 No. 198; regulation 83 was amended by paragraph 4 of Part 2 of the Schedule to S.R. 2002 No. 132, paragraph 2(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(3) of S.R. 2003 No. 267 and regulation 3(3)(a) of S.R. 2010 No. 6. Regulation 84 was amended by paragraph 5 of Part 2 of the Schedule to S.R. 2002 No. 132, paragraph 3(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(4) of S.R. 2003 No. 267 and regulation 3(3)(b) of S.R. 2010 No. 6. Regulation 85 was amended by regulation 5(2)(c) of S.R. 1998 No. 81, regulation 10(3)(a) of S.R. 2000 No. 71, paragraph 6 of Part 2 of the Schedule to S.R. 2002 No. 132, paragraph 4(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(5) of S.R. 2003 No. 267, regulation 9 and paragraph 4(b) and (c) of Schedule 3 to S.R. 2005 No. 458, Article 2(3) and paragraph 23(5) of Schedule 3 to S.R. 2005 No. 536, regulation 5(2) of S.R. 2005 No. 580, regulation 4(2) of S.R. 2006 No. 178 and regulation 4(4) of S.R. 2009 No. 92. Regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178 and amended by regulation 4 of S.R. 2006 No. 379, regulation 3(a) of S.R. 2009 No. 68, regulation 3 of S.R. 2012 No. 380, regulation 5 of S.R. 2013 No. 246, regulation 2 of S.R. 2013 No. 308, regulation 3 of S.R. 2014 No. 133 and regulation 2(3) of S.R. 2014 No. 263. Regulation 86 was omitted by paragraph 7 of Part 2 to the Schedule to S.R. 2002 No.132. Regulations 86A to 86C were inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350. Regulation 86A was amended by paragraph 8 of Part 2 of the Schedule to S.R. 2002 No. 132, regulation 4(6) of S.R. 2003 No. 267 and regulation 3(3)(c) of S.R. 2010 No. 6. Regulation 86B was amended by regulation 4(7) of S.R. 2003 No. 267 and regulation 3(3)(d) of S.R. 2010 No. 6. Regulation 86C was amended by paragraph 9 of Part 2 of the Schedule to S.R. 2002 No. 132, regulation 5(2)(a) and (b) of S.R. 2004 No. 143 and regulation 5(3) of S.R. 2005 No. 580.

M4 2002 c. 14 (N.I.); section 2 was amended by paragraph 148 and 149 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).

M5 The definition for “benefit week” was substituted by regulation 3 of S.R. 2009 No. 107.

M6 The definition for “benefit week” was substituted by regulation 3(2) of S.R. 2009 No. 409.

M7 S.R. 1987 No. 465.

M8 Paragraph 1(3) was amended by regulation 8(4) of S.R. 2016 No. 175 and regulation 2(5)(a) of S.R. 2017 No. 51.

M9 Paragraph 1(3) was amended by regulation 2(3)(a)(ii) of S.R. 1995 No. 434, regulation 5(7)(a) of S.R. 2006 No. 359, regulation 12(11)(a) of S.R. 2008 No. 286 and regulation 3(3) of S.R. 2016 No. 175 and paragraph 1(3)(a) of Schedule 1 to S.R. 2017 No.51.

M10 Paragraph 1(3) was amended by regulation 13(13)(a) of S.R. 2006 No. 359, regulation 19(25) of S.R. 2008 No. 286, regulation 4 of S.R. 2016 No. 175 and paragraph 3(3)(a) of Schedule 1 to S.R. 2017 No. 51.

M11 S.R. 2003 No. 28; the definition of “disabled person” in paragraph 1(2) was amended by regulation 7(4)(a) of S.R. 2005 No. 580, regulation 5(4)(a) of S.R. 2006 No. 97, regulation 30(1)(a)(i) of S.R. 2008 No. 286, regulation 23(5)(a) of S.I. 2013/3021, regulation 4(3)(a) of S.R. 2014 No. 275, regulation 6 of S.R. 2016 no. 175, regulation 25(5)(a) of S.R. 2016 No. 228 and paragraph 5(3) of Schedule 1 to S.R. 2017 No. 51.

M12 S.R. 2016 No. 216

M13 S.I. 1977/2157 (N.I. 28).

M14 The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503 as amended by S.R. 2009 No. 426.

M15 2011 c. 4.

M16 1970 c. 18 (N.I.)

M17 The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503 as amended by S.R. 2009 No. 426.

M18 Article 3(4) was amended by paragraph 3(4)(b) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and paragraph 131 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).

M19 The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503 as amended by S.R. 2009 No. 426.

M20 S.R. 2008 No. 503.

M21 Regulation 3 was amended by Regulation 2(c) and paragraph 2(b) of Schedule 1 to S.R. 1989 No. 139, regulation 2 of S.R. 1989 No. 395, regulation 2 of S.R. 1990 No. 346, regulation 2 of S.R. 1991 No. 474, paragraph 1(b) of Schedule 12 to S.R. 1994 No. 65, regulation 2 of S.R. 1994 No. 474 and regulation 2(3) of S.R. 1995 No. 86.

M22 Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301, paragraph 14 was amended by regulation 2(3)(i) of S.R. 1995 No. 434, regulation 24(b) of S.R. 1996 No. 199, regulation 5(10)(b) of S.R. 1996 No. 405, regulation 16(3) of S.R. 1997 No. 541, regulation 3(5) of S.R. 1998 No. 182, regulation 8(4)(b) of S.R. 1998 No. 324, regulation 3 of S.R. 1999 No. 107, regulation 2(1) of S.R. 1999 No. 315, Article 7(11)(b)(i) and (ii) of S.R. 1999 No. 472 (C. 36), regulation 3(5) of S.R. 2000 No. 241, regulation 6 of S.R. 2001 No. 78, regulation 12(b)(ii)(bb) and (iv) of S.R. 2001 No. 151, regulation 24(6)(d) of S.R. 2003 No. 191, regulation 2(7) of S.R. 2005 No. 424, regulation 5(6)(b) of S.R. 2006 No. 359, regulation 2(9)(b)(ii) and (15) of S.R. 2008 No. 112, regulation 2(8)(b) of S.R. 2008 no. 248, regulation 12(11) of S.R. 2008 No. 286, regulation 3(7) of S.R. 2011 No. 135 and regulation 2(2)(i) of S.R. 2016 No. 44.

M23 Paragraph 13 was amended by regulation 29(5) of S.R. 1996 No. 358, regulation 2(18)(a) of S.R. 1996 No. 503, regulation 7(2) of S.R. 1997 No. 165, regulation 13(3) of S.R. 1997 No. 541, regulation 11(4) of S.R. 1998 No. 324, regulation 2(6) of S.R. 1999 No. 107, regulation 2(2) of S.R. 1999 No. 315, Article 9(17)(b) of S.R. 1999 No. 428 (C. 32), paragraph 54(8)(b) to (e) of Schedule 2 to S.R. 2000 No. 350, regulation 12(b) of S.R. 2001 No. 78, regulation 9(b)(ii)(bb) and (iii) of S.R. 2004 No. 151, regulation 32(b) of S.R. 2003 No. 191, regulation 4(7) of S.R. 2005 No. 424, regulation 13(12)(b) of S.R. 2006 No. 359, regulation 4(14) of S.R. 2008 No. 112, regulation 19(25)(e) of S.R. 2008 No. 286, regulation 3(5) of S.R. 2008 No. 290, regulation 4(8)(b) of S.R. 2008 No. 428, regulation 2(10) of S.R. 2009 No. 141, regulation 7(8) of S.R. 2011 No. 135, regulation 10(11)(b) of S.R. 2011 No. 357 and regulation 3(2)(h) of S.R. 2016 No. 44.

M24 Paragraph 15 was amended by regulation 3(30)(d) of S.R. 2008 No. 413, regulation 14(10) of S.R. 2011 No. 135, regulation 21(15) of S.R. 2011 No. 357, regulation 5(7) of S.R. 2011 No. 368, Article 28(6)(a) of S.R. 2013 No. 3021, regulation 4(2)(h) of S.R. 2016 No. 44 and regulation 34(6)(a) of S.R. 2016 No. 228.

M25 1992 c. 7; section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6).

M26 Regulation 4A was inserted by regulation 4(5) of S.R. 2017 No. 1.

M27 The Regulations have been modified in their application to certain claimants by S.R. 2008 No. 503, as amended by S.R. 2009 No. 426.

M28 S.R. 2016 No. 226.

M29 S.R. 1987 No. 459; regulation 15 was amended by regulation 4(5) of S.R. 1993 No. 373 and paragraph 3 of Schedule 1 to S.R. 2003 No. 1.

M30 S.R. 1996 No. 198; regulation 77 was amended by paragraph 3 of Schedule 3 to S.R. 2003 No. 1.

M31 S.R. 2008 No. 280; regulation 156 was amended by regulation 3(27) of S.R. 2008 No. 413.

M32 Regulation 16 was amended by regulation 8(a) and (d) of S.R. 1988 No. 146, regulation 7 of S.R. 1990 No. 131, regulation 3(3)(a)(ii) and (b) of S.R. 1990 No. 387, paragraph 1(2) of Schedule 1 to S.R. 1993 No. 149, regulation 4(6) of S.R. 1993 No. 373, regulation 8 of S.R. 1996 No. 199, regulation 5(5) of S.R. 1996 No. 405, regulation 2(3) of S.R. 1998 No. 2 and regulation 3 and paragraph 3 of Schedule 1 to S.R. 2005 No. 458.

M33 Regulation 78 was amended by regulation 18 of S.R. 1996 No. 358, regulation 8(4) of S.R. 1998 No. 2, paragraph 33 of Schedule 2 to S.R. 2000 No. 350, regulation 9 and paragraph 3 of schedule 3 to S.R. 2005 No. 458 and regulation 19(13) of S.R. 2008 No. 286.

M34 S.R. 2003 No. 28; regulation 5 was amended by regulation 2(5)(a)(i) and (iii) of S.R. 2003 No. 421, regulation 12 and paragraph 2 of Schedule 4 to S.R. 2005 No. 458, regulation 14(2)(a) of S.R. 2006 No. 359, regulation 3(3)(b) of S.R. 2008 No. 410 and regulation 4(6) of S.R. 2017 No. 1.

M35 Regulation 43 was amended by regulation 4(1)(c) of S.R. 2010 No. 6, regulation 17(4) of S.R. 2015 No. 146 and regulation 4(3) of S.R. 2015 No. 184.

M36 Regulation 5 was amended by regulation 4 of S.R. 1988 No. 146, regulation 3 of S.R. 1988 No. 318, regulation 3 of S.R. 1988 No. 431, regulation 3 of S.R. 1989 No. 365, regulation 4 of S.R. 1990 No. 131, regulation 3 of S.R. 1991 No. 338, regulation 4(3) of S.R. 1993 No. 373, regulation 2(4) of S.R. 1995 No. 86, regulation 5(4) of S.R. 1996 No. 405, Article 7(4) of S.R. 1999 No. 472 (C. 36), regulation 3 of S.R. 2001 No. 78, regulation 2(3) of S.R. 2002 No. 363, regulation 4(3) of S.R. 2007 No. 396, regulation 2(3) of S.R. 2008 No. 112 and Article 5(3) of S.R. 2015 No. 146. Regulation 6 was amended by regulation 4(a) of S.R. 1988 No. 318, regulation 2(d) of S.R. 1992 No. 147, regulation 4(3)(a) and (c) of S.R. 1992 No. 403, regulation 2(3) of S.R. 1994 No. 327, regulation 2(5) of S.R. 1995 No. 86, regulation 5(2) of S.R. 1999 No. 342, regulation 2(3) of S.R. 1999 No. 381, regulation 2(b) of S.R. 2000 No. 74, regulation 4 of S.R. 2001 No. 78, regulation 2(a) of S.R. 2003 No. 367, regulation 3 of S.R. 2004 No. 163, paragraph 2 of Schedule 1 to S.R. 2005 No. 458, regulation 2(2) of S.R. 2007 No. 475, regulation 12(3) of S.R. 2008 No. 286, regulation 4(1)(a)(i) of S.R. 2010 No. 6 and regulation 2(4) of S.R. 2010 No. 69.

M37 Regulation 51 was amended by regulation 7 of S.R. 1996 No. 356, regulation 5(3) of S.R. 1997 No. 130, Article 9(8)(a) of S.R. 1999 No. 428 (C.32), paragraph 14 of Schedule 2 to S.R. 2000 No. 350, regulation 3 of S.R. 2002 No. 323, regulation 4(3) of S.R. 2009 No. 92, regulation 10(3) of S.R. 2011 No. 357, regulation 17(3) of S.I. 2013/3021 and regulation 14(3) of S.R. 2016 No. 228. Regulation 52 was amended by paragraph 15 of Schedule 2 to S.R. 2000 No. 350, regulation 12 of S.R. 2001 No. 78, regulation 3(3) of S.R. 2002 No. 363, regulation 7(4) of S.R. 2007 No. 396, regulation 4(7) of S.R. 2008 No.112 and Article 7(4) of S.R. 2015 No. 146. Regulation 53 was amended by regulation 6(2) of S.R. 1999 No. 342, paragraph 16 of Schedule 2 to S.R. 2000 No. 350, regulation 4 of S.R. 2004 No. 163, regulation 13(4)(b) of S.R. 2006 No. 359, regulation 4(1)(b)(i) of S.R. 2010 No. 6, regulation 4(5) of S.R. 2010 No. 69, regulation 2(4) of S.R. 2012 No. 14, regulation 19(4) of S.R. 2014 No. 150 and regulation 3(7)(c) of S.R. 2015 No. 184.

M38 Paragraph 2 was amended by regulation 2(9)(a) of S.R. 2003 No. 421 and Article 10(5) of S.R. 2015 No.146.

M39 1954 c. 33 (N.I.); section 39(2) was modified by the Pensions (Northern Ireland) Order 2005 No. 255 (N.I. 1).