SCHEDULE 1

PART Icircumstances in which persons are treated as being or not being severely disabled

Persons residing with the claimant whose presence is ignoredI13

1

For the purposes of paragraphs 1 and 2, a person resides with another person only if they share any accommodation except a bathroom, a lavatory or a communal area, but not if each person is separately liable to make payments, in respect of his occupation of the dwelling, to the landlord.

2

In sub-paragraph (1) “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

3

Paragraph 2(6) and (7) applies to a person who is a close relative of the claimant or his partner only if the claimant or his partner’s co-ownership, or joint liability to make payments to a landlord in respect of his occupation of the dwelling, arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.