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The Rate Relief Regulations (Northern Ireland) 2017

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PART 10Treated as not occupying a hereditament

Periods of temporary absence exceeding 6 months

35.—(1) Subject to paragraphs (2) and (3), a claimant is to be treated as no longer occupying a hereditament from which they are temporarily absent where the absence exceeds, or is expected to exceed, six months.

(2) Paragraph (1) shall not apply to a claimant who falls within regulation 29 (claimant living in another hereditament during essential repairs).

(3) Where a claimant who falls within regulation 32 (claimant living in another hereditament because of reasonable fear of violence) is temporarily absent from the hereditament which he normally occupies as his home, he is to be treated as no longer occupying that hereditament where his absence exceeds, or is expected to exceed, 12 months.

(4) Any determination made (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) in accordance with paragraph 8 of Schedule 3 to the Universal Credit Regulations shall be followed for the purpose of this regulation.

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