3(1)The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—E+W
(a)that condition was previously fulfilled with respect to the dwelling-house but the person who was then the occupier or, as the case may be, a person who was one of the joint occupiers (whether or not under the same relevant tenancy or licence) has died; and
(b)that condition ceased to be fulfilled on the death of the occupier referred to in paragraph (a) above (hereinafter referred to as “the previous qualifying occupier”); and
(c)the occupier is either—
(i)the qualifying [F1surviving partner] of the previous qualifying occupier; or
(ii)the qualifying member of the previous qualifying occupier’s family.
[F2(2)For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below—
(a)“surviving partner” means widow, widower or surviving civil partner; and
(b)a surviving partner of the previous qualifying occupier of the dwelling-house is a qualifying surviving partner if that surviving partner was residing in the dwelling-house immediately before the previous qualifying occupier’s death.]
(3)Subject to sub-paragraph (4) below, for the purposes of sub-paragraph (1)(c)(ii) above, a member of the family of the previous qualifying occupier of the dwelling-house is the qualifying member of the family if—
(a)on the death of the previous qualifying occupier there was no qualifying [F3surviving partner] ; and
(b)the member of the family was residing in the dwelling-house with the previous qualifying occupier at the time of, and for the period of two years before, his death.
(4)Not more than one member of the previous qualifying occupier’s family may be taken into account in determining whether the agricultural worker condition is fulfilled by virtue of this paragraph and, accordingly, if there is more than one member of the family—
(a)who is the occupier in relation to the relevant tenancy or licence, and
(b)who, apart from this sub-paragraph, would be the qualifying member of the family by virtue of sub-paragraph (3) above,
only that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member.
[F4(5)For the purposes of sub-paragraph (2)(a) above, a person who, immediately before the previous qualifying occupier’s death, was living together with the previous occupier as if they were a married couple or civil partners shall be treated as the widow, widower or surviving civil partner of the previous occupier.]
(6)If, immediately before the death of the previous qualifying occupier, there is, by virtue of sub-paragraph (5) above, more than one person who falls within sub-paragraph (1)(c)(i) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the qualifying [F5surviving partner] for the purposes of this paragraph.
Textual Amendments
F1Words in Sch. 3 para. 3(1)(c)(i) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 44(2); S.I. 2005/3175, art. 2(1), Sch. 1
F2Sch. 3 para. 3(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 44(3); S.I. 2005/3175, art. 2(1), Sch. 1
F3Words in Sch. 3 para. 3(3)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 44(2); S.I. 2005/3175, art. 2(1), Sch. 1
F4Sch. 3 para. 3(5) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 12(4)
F5Words in Sch. 3 para. 3(6) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 44(2); S.I. 2005/3175, art. 2(1), Sch. 1