2E+WA period qualifies under this paragraph if it is a period during which, before the relevant time—
(a)the secure tenant, or
(b)his spouse [F1or civil partner](if they are living together at the relevant time), or
(c)a deceased spouse [F2, or deceased civil partner,] of his (if they were living together at the time of the death),
was a public sector tenant or was the spouse [F1or civil partner]of a public sector tenant and occupied as his only or principal home the dwelling-house of which the spouse [F1or civil partner] was such a tenant.
Textual Amendments
F1Words in Sch. 4 para. 2 inserted by Civil Partnership Act 2004 (c. 34), ss. 81, 263(2), Sch. 8 para. 34(b); S.I. 2005/3175, art. 2(1)
F2Words in Sch. 4 para. 2(c) inserted (5.12.2005 by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 34(a); S.I. 2005/3175, art. 2(1)
3E+WFor the purposes of paragraph 2 a person who, as a joint tenant under a public sector tenancy, occupied a dwelling-house as his only or principal home shall be treated as having been the public sector tenant under that tenancy.
4(1)This paragraph applies where the public sector tenant of a dwelling-house died or otherwise ceased to be a public sector tenant of the dwelling-house, and thereupon a child of his who occupied the dwelling-house as his only or principal home (the “new tenant”) became the public sector tenant of the dwelling-house (whether under the same or under another public sector tenancy).E+W
(2)A period during which the new tenant, since reaching the age of 16, occupied as his only or principal home a dwelling-house of which a parent of his was the public sector tenant or one of joint tenants under a public sector tenancy, being either—
(a)the period at the end of which he became the public sector tenant, or
(b)an earlier period ending two years or less before the period mentioned in paragraph (a) or before another period within this paragraph,
shall be treated for the purposes of paragraph 2 as a period during which he was a public sector tenant.
(3)For the purposes of this paragraph two persons shall be treated as parent and child if they would be so treated under section 186(2) (members of a person’s family: relationships other than those of the whole blood).