Section 77 Reserve successor: carerI1

(1)

A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and—

(a)

he or she meets the carer condition,

(b)

he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and

(c)

he or she meets the carer residence condition.

(2)

A person meets the carer condition if at any time in the period of 12 months ending with the contract-holder's death he or she was a carer in relation to—

(a)

the contract-holder, or

(b)

a member of the contract-holder's family who, at the time the care was provided, lived with the contract-holder.

(3)

If the contract-holder was a priority successor in relation to the occupation contract, the references in subsection (2) to the contract-holder include the person the contract-holder succeeded.

(4)

A person meets the carer residence condition if—

(a)

he or she meets the basic residence condition, as set out in section 76(3) and (4), and

(b)

at the time of the contract-holder's death there was no other dwelling which the person was entitled to occupy as a home.

(5)

“Carer” means a person who—

(a)

provides or intends to provide a substantial amount of care for another person on a regular basis, and

(b)

does not provide or will not provide that care because of a contract of employment or other contract with any person.

(6)

A person does not provide care because of a contract merely because he or she is given board or lodging or because he or she may become qualified to succeed as a reserve successor.

Annotations

Commencement

I1: S. 77 in force at 1.12.2022 by S.I. 2022/906, art. 2