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.