Search Legislation

Housing Grants, Construction and Regeneration Act 1996

Status:

This is the original version (as it was originally enacted).

11Prior qualifying period: the ownership or tenancy condition

(1)The“ownership or tenancy condition” for the purposes of section 10 is that the applicant had a qualifying owner’s interest in, or was a qualifying tenant of, the dwelling.

That condition shall be treated as having been met in the following circumstances.

(2)Where the applicant took his owner’s interest or became a qualifying tenant under the will or on the intestacy of a member of his family, the ownership or tenancy condition shall be treated as having been met—

(a)during any period when the deceased both held a qualifying owner’s interest in or was a qualifying tenant of the dwelling and lived in the dwelling as his only or main residence, and

(b)if immediately before his death the deceased both—

(i)held such an interest or was such a tenant, and

(ii)lived in the dwelling as his only or main residence,

during any period not exceeding one year when his personal representatives, or the Public Trustee under section 9 of the [1925 c. 23.] Administration of Estates Act 1925, held such an interest or was such a tenant.

(3)The local housing authority may treat a person as continuing to meet the residence requirement in subsection (2)(a) or (b)(ii) for up to a year after he has, by reason of age or infirmity—

(a)gone to live with and be cared for by a member of his family, or

(b)gone to live in a hospital, hospice, sheltered housing, residential care home or similar institution.

(4)Where the applicant took his owner’s interest or became a qualifying tenant by virtue of a disposal made by a member of his family, and the authority are satisfied—

(a)that the person making the disposal was elderly or infirm, and

(b)that he made the disposal with the intention of—

(i)going to live with and be cared for by a member of his family, or

(ii)going to live in a hospital, hospice, sheltered housing, residential care home or similar institution as his only or main residence,

the ownership or tenancy condition shall be treated as having been met during any period ending on the date of the disposal when the person making the disposal held a qualifying owner’s interest in or was a qualifying tenant of the dwelling.

(5)Where the applicant took his owner’s interest or became a qualifying tenant by virtue of a disposal made by his spouse, and the authority are satisfied that the disposal was made as a result of arrangements in relation to divorce, judicial separation or declaration of nullity of marriage, the ownership or tenancy condition shall be treated as having been met during any period ending on the date of the disposal when the spouse held a qualifying owner’s interest in or was a qualifying tenant of the dwelling.

(6)The references in subsection (5) to the spouse of the applicant—

(a)in the case of divorce, include his former spouse, and

(b)in the case of a declaration of nullity, shall be construed as references to the other party to the marriage.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources