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PART IIIS RIGHTS OF PUBLIC SECTOR TENANTS

GeneralS

83Members of a person’s family.S

(1)A person is a member of another’s family for the purposes of this Act if—

(a)he is the spouse of that person or he and that person live together as husband and wife [F1or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex]; or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purposes of subsection (1)(b)—

(a)a relationship by marriage shall be treated as a relationship by blood;

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood;

(c)the stepchild of a person shall be treated as his child; and

[F2(ca)a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;]

(d)a child shall be treated as such whether or not his parents are married.

[F3(3)Except in subsection (1)(a), references in this Act to a person’s spouse include references to another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.]

Textual Amendments

F1Words in s. 83(1)(a) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(a); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F2S. 83(2)(ca) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(b); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F3S. 83(3) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(c); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

Modifications etc. (not altering text)

C2S. 83 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1