2021 No. 28
Social Security

The Loans for Mortgage Interest (Amendment) Regulations (Northern Ireland) 2021

Made
Coming into operation
The Department for Communities1, makes the following Regulations in exercise of the powers conferred by sections 134(2) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, and now vested in it3 and Articles 13 and 14(2)(b) of the Welfare Reform and Work (Northern Ireland) Order 20164.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Loans for Mortgage Interest (Amendment) Regulations (Northern Ireland) 2021 and come into operation on 15th March 2021.

(2)

The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Loans for Mortgage Interest Regulations (Northern Ireland)2.

In paragraph 15 of Schedule 3 to the Loans for Mortgage Interest Regulations (Northern Ireland) 20176 (circumstances in which a claimant is, or is to be, treated as occupying accommodation)—

(a)

in sub-paragraph (1) for “Sub-paragraph (2) applies” substitute “Sub-paragraphs (2) and (3) apply”;

(b)

in sub-paragraph (3) after “liable to make” insert “owner-occupier”.

Amendment of the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland)3.

(1)

In regulation 1A of the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 19887 (prescribed description of persons)—

(2)

In paragraph (2)8—

(a)

at the end of sub-paragraph (e) omit “or”;

(b)

in sub-paragraph (f) for “(a)” substitute “(b)”;

(c)

at the end of sub-paragraph (f) insert “or”;

(d)

after sub-paragraph (f) add—

“(g)

owner occupier loan payments and is treated as entitled to state pension credit.”.

(3)

In paragraph (3A)9 for “paragraph (3)” substitute “paragraphs (2) and (3)”.

Sealed with the Official Seal of the Department for Communities on 9th February 2021

(L.S.)
Anne McCleary
A senior officer of the Department for Communities
EXPLANATORY NOTE
(This note is not part of the Regulations)

Regulation 2 amends the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 to clarify that claimants who have fled the accommodation for which they receive support for mortgage interest loan payments due to fear of violence in the home will be able to continue receiving loan payments for that accommodation for a specified period of time.

Regulation 3 amends the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 to clarify which conditions a claimant who receives support for mortgage interest loan payments and is treated as entitled to state pension credit needs to meet in order to be entitled to a cold weather payment.

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 (c. 8), are not subject to requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.