C1C2C3Part II The Standard Security

Annotations:
Modifications etc. (not altering text)
C2

Pt. II (ss. 9-32) applied (with modifications) (12.4.1993) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 23(6); S.I. 1992/2974, art. 2, Sch.

Pt. II (ss. 9-32) applied (with modifications) (16.7.1993) by S.I. 1993/1516, art. 5

C3

The provisions of Pt. II, other than ss. 9(1) and (2), 12 and 14, applied (with modifications) by S.I. 1987/381, reg. 40(5)

24CF1Entitled residents: definition

1

For the purposes of sections 24B, 24D and 24E, an entitled resident is a person whose sole or main residence is the security subjects (in whole or in part) and who is—

a

the proprietor of the security subjects (where the proprietor is not the debtor in the standard security);

b

the non-entitled spouse of the debtor or the proprietor of security subjects which are (in whole or in part) a matrimonial home;

c

the non-entitled civil partner of the debtor or the proprietor of security subjects which are (in whole or in part) a family home;

d

a person living together with the debtor or the proprietor as husband and wife;

e

a person living together with the debtor or the proprietor in a relationship which has the characteristics of the relationship between civil partners;

f

a person who lived together with the debtor or the proprietor in a relationship described in paragraph (d) or (e) if—

i

the security subjects (in whole or in part) are not the sole or main residence of the debtor or the proprietor;

ii

the person lived together with the debtor or the proprietor throughout the period of 6 months ending with the date on which the security subjects ceased to be the sole or main residence of the debtor or the proprietor; and

iii

the security subjects (in whole or in part) are the sole or main residence of a child aged under 16 who is a child of both parties in that relationship.

2

In this section—

  • “child” includes a stepchild and any person brought up, or treated, by both parties to the relationship as their child;

  • “family home” has the meaning given by section 135(1) of the Civil Partnership Act 2004;

  • “matrimonial home” has the meaning given by section 22 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

  • “non-entitled civil partner” has the same meaning as “non-entitled partner” in section 101(1) of the Civil Partnership Act 2004;

  • “non-entitled spouse” has the meaning given by section 1 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.