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The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

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Amendment of Schedule 9A

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27.—(1) Schedule 9A M1 (deductions of mortgage interest from benefit and payment to qualifying lenders) is amended as follows.

(2) In paragraph 1 (interpretation) in the definition of “relevant benefits”M2

(a)after paragraph (c) omit “and”; and

(b)after paragraph (d) add—

and

(e)income-related employment and support allowance;.

(3) In paragraph 2(a) M3 (specified circumstances for the purposes of regulation 34A) after sub-paragraph (iii) add—

or

(iv)Schedule 6 to the Employment and Support Allowance Regulations,.

(4) In paragraph 3 (specified part of relevant benefit)—

(a)in sub-paragraph (1) M4 after “Jobseeker's Allowance Regulations” add “ or, in the case of employment and support allowance, a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations ”; and

(b)in sub-paragraph (3) M5

(i)for “or income-based jobseeker's allowance” substitute “ income-based jobseeker's allowance or income-related employment and support allowance ”;

(ii)in paragraph (b) after “Jobseeker's Allowance Regulations” insert “ or paragraph 6(10) or (13) or 19 of Schedule 6 to the Employment and Support Allowance Regulations ”;

(iii)in the definition of “A” after “Jobseeker's Allowance Regulations” add “ or paragraph 1 of Schedule 6 to the Employment and Support Allowance Regulations ”;

(iv)in the definition of “B” after “Jobseeker's Allowance Regulations” add “ or paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations ”; and

(v)in the definition of “C” after “Jobseeker's Allowance Regulations” add “ or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations ”.

(5) In paragraph 4(2)(a) M6 (direct payment: more than one loan) after “Jobseeker's Allowance Regulations” insert “ or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations ”.

(6) In paragraph 10 M7 (provision of information)—

(a)in sub-paragraph (2)(a) after “income support” insert “ , employment and support allowance ”:

(b)in sub-paragraph (3)(a) after “income support” insert “ , employment and support allowance ”; and

(c)in sub-paragraph (4) after “(housing costs)” the first time it occurs insert “ , paragraph 3 of Schedule 6 to the Employment and Support Allowance Regulations (housing costs) ”.

(7) In paragraph 11(2)(a)(i) M8 (recovery of sums wrongly paid) after “Jobseeker's Allowance Regulations” insert “ , or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations ”.

Marginal Citations

M1Schedule 9A was inserted by S.I. 1992/1026.

M2Definition was substituted by S.I. 1996/672 and amended by S.I. 1996/1460 and 3195, 2002/2441 and 3019 and 2005/777.

M3Paragraph 2 was substituted by S.I. 1995/1613 and amended by S.I. 1996/1460, 2002/3019 and 3197 and 2004/2825.

M4Sub-paragraph (1) was substituted by S.I. 1995/1613 and amended by S.I. 1996/1460 and 1999/3178.

M5Sub-paragraph (3) was amended by S.I. 1995/1613, 1996/1460 and 2002/3019.

M6Paragraph 4 was amended by S.I. 1995/1613, 1996/1460, 1997/827 and 2002/3019.

M7Paragraph 10 was amended by S.I. 1996/1460, 1997/2305 and 2002/3019

M8Paragraph 11 was amended by S.I. 1995/1613, 1996/1460, 2002/3197 and 2004/2825.

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