PART IIIGRANTS, &c. FOR RENEWAL OF PRIVATE SECTOR HOUSING

CHAPTER IITHE MAIN GRANTS

Grant conditions and repayment

Meaning of exempt disposal85

1

A disposal is an exempt disposal for the purposes of the provisions of this Chapter relating to grant conditions if it is a disposal of the whole or part of the premises to which the application relates of any of the following descriptions—

a

a conveyance of a freehold estate in possession (whether legal or equitable) or an assignment of the lease where the person, or each of the persons, to whom it is made is a qualifying person (as defined in paragraph (2));

b

a vesting in a person taking under a will or on an intestacy;

c

a disposal in pursuance of any such order as is mentioned in paragraph (3);

d

a compulsory disposal (see paragraph (4));

e

a disposal of property consisting of land included in the dwelling and used for the purposes of the dwelling;

f

a disposal under which the interest of a person entitled to assistance by way of repurchase under Part II of the Order of 1986 (assistance for owners of defective housing) is acquired in accordance with Schedule 2 to that Order;

g

a disposal of the whole of the dwelling and a conveyance of a freehold estate in possession (whether legal or equitable) or an assignment of the lease where—

i

the person making the disposal is aged at least 70;

ii

the disposal is to provide an annuity income; and

iii

the person concerned is entitled to continue to occupy the dwelling as his only or main residence;

h

a disposal of any other description specified by order of the Department for the purposes of this Article.

2

A person is a qualifying person for the purposes of paragraph (1)(a) if—

a

in the case of an individual, he is—

i

the person, or one of the persons, by whom the disposal is made;

ii

the spouse F3or civil partner , or former spouse F3or civil partner , of that person or one of those persons; or

iii

a member of the family of that person or one of those persons; or

b

in the case of a company, it is an associated company of the company by whom the disposal is made.

F1Section 449 of the Corporation Tax Act 2010 (meaning of associated company) applies in determining whether a company is an associated company of another for the purposes of sub-paragraph (b).

3

The orders referred to in paragraph (1)(c) are orders under—

a

Article 26(1) of the Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) (property adjustment orders in connection with matrimonial proceedings);

b

Article 4 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (NI 8) (orders as to financial provision to be made from estate);

c

Article 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (property adjustment orders or orders for the sale of property after overseas divorce, etc.);

d

paragraph 2 of Schedule 1 to the Children (Northern Ireland) Order 1995 (NI 2) (orders for financial relief against parents).

F2e

Part 2 of Schedule 15 or 17 to the Civil Partnership Act 2004;

4

For the purposes of paragraph (1)(d) a compulsory disposal is a disposal of property to a person who has made or who would have made, or for whom another person has made or would have made, a vesting order authorising its acquisition compulsorily for the purposes for which it is acquired.

5

The grant of an option enabling a person to call for an exempt disposal shall be treated as such a disposal made to him.