SCHEDULES

SCHEDULE 3Claimant treated as occupying or not occupying accommodation

PART 1Treated as occupying accommodation

The occupation condition: the general rule1

1

The general rule is that a claimant is to be treated as occupying as their home the accommodation which the claimant normally occupies as their home.

2

Subject to the following provisions of this Part, no claimant is to be treated as occupying accommodation which comprises more than one dwelling.

3

Where none of those provisions applies and the claimant occupies more than one dwelling, regard is to be had to all the circumstances in determining which dwelling the claimant normally occupies as their home, including (among other things) any persons with whom the claimant occupies each dwelling.

4

In this paragraph—

“Dwelling” means a “dwelling house” within the meaning of Article 4 (Interpretation: definition of “dwelling house”, etc.) of, and Schedule 5 to the Rates (Northern Ireland) Order 1977 M1. Dwelling also includes any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

  1. a

    any agricultural land adjoining that dwelling, and

  2. b

    any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately.