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
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.