PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 8DEALING
Succession
I177Reserve successor: carer
1
A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and—
a
he or she meets the carer condition,
b
he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and
c
he or she meets the carer residence condition.
2
A person meets the carer condition if at any time in the period of 12 months ending with the contract-holder's death he or she was a carer in relation to—
a
the contract-holder, or
b
a member of the contract-holder's family who, at the time the care was provided, lived with the contract-holder.
3
If the contract-holder was a priority successor in relation to the occupation contract, the references in subsection (2) to the contract-holder include the person the contract-holder succeeded.
4
A person meets the carer residence condition if—
a
he or she meets the basic residence condition, as set out in section 76(3) and (4), and
b
at the time of the contract-holder's death there was no other dwelling which the person was entitled to occupy as a home.
5
“Carer” means a person who—
a
provides or intends to provide a substantial amount of care for another person on a regular basis, and
b
does not provide or will not provide that care because of a contract of employment or other contract with any person.
6
A person does not provide care because of a contract merely because he or she is given board or lodging or because he or she may become qualified to succeed as a reserve successor.