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Housing Act 2004, Section 258 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section sets out when persons are to be regarded as not forming a single household for the purposes of section 254.
(2)Persons are to be regarded as not forming a single household unless—
(a)they are all members of the same family, or
(b)their circumstances are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.
(3)For the purposes of subsection (2)(a) a person is a member of the same family as another person if—
(a)those persons are married to [F1, or civil partners of, each other or live together as if they were a married couple or civil partners];
(b)one of them is a relative of the other; or
(c)one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.
(4)For those purposes—
(a)a “couple” means two persons who F2... fall within subsection (3)(a);
(b)“relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
(c)a relationship of the half-blood shall be treated as a relationship of the whole blood; and
(d)the stepchild of a person shall be treated as his child.
(5)Regulations under subsection (2)(b) may, in particular, secure that a group of persons are to be regarded as forming a single household only where (as the regulations may require) each member of the group has a prescribed relationship, or at least one of a number of prescribed relationships, to any one or more of the others.
(6)In subsection (5) “prescribed relationship” means any relationship of a description specified in the regulations.
Textual Amendments
F1Words in s. 258(3)(a) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(4)(a)
F2Words in s. 258(4)(a) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(4)(b)
Commencement Information
I1S. 258 wholly in force at 18.1.2005; s. 258 in force for certain purposes at Royal Assent and in force otherwise at 18.1.2005, see s. 270(2)(b)(3)(a)
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