4. Any premises occupied in whole or in part by—E+W+S
(a)a partner or relative of a single claimant or any member of the family as the home where that person [F1has attained the qualifying age for state pension credit] or is incapacitated;
(b)the former partner of a claimant as the home; but this provision is not to apply where the former partner is a person from whom the claimant is estranged or divorced or with whom the person formed a civil partnership that has been dissolved.
Textual Amendments
F1Words in Sch. 9 para. 4(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 44(2)