Under Section 74 of RHWA, a total of 2 successions to a contract can be allocated, and there are two forms of succession applicants that can be applied. To establish which succession allocation is the right one, you will need to understand the current succession status of the deceased.
Priority Successor:
A person is a priority successor of the contract-holder if:
- he or she is the spouse or civil partner of the contract-holder, or lived together with the contract-holder as if they were spouses or civil partners, and
- he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder’s death.
For new contracts signed after December 1st 2022, where the sole contract holder is the deceased, the remaining spouse or civil partner can apply to succeed as a ‘priority successor’.
For existing contracts that converted on December 1st, 2022, if the deceased had previously succeeded to their contract as a spouse or civil partner under a statutory succession provision, then only 1 succession allowance would remain. Therefore, the remaining spouse or civil partner applying to succeed after December 1st, 2022, can only do so as a ‘Reserve Successor’ as the only remaining succession allowance, as the deceased contract holder would have been considered a ‘priority successor’.
Reserve successor: family member: *The individual must be a family member or Carer to meet reserve succession criteria*
A person is a reserve successor of the contract-holder if:
- he or she is a spouse or civil partner and/or lived together as if they were spouse or civil partners,
- – he or she meets the ‘family member condition’ where the individual is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece, or carer.
– he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder’s death
A person meets the ‘basic residence condition’ if throughout the period of 12 continuous months ending with the contract-holder’s death:
- he or she occupied the dwelling, or
- he or she lived with the contract-holder.
Reserve successor: Carer:
A person is a reserve successor of the contract-holder if:
- he or she meets the carer condition
- he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder’s death, and
- he or she meets the carer residence condition (detailed below)
A person meets the carer condition if at any time in the period of 12 months ending with the contract-holder’s death he or she was a carer in relation to:
- the contract-holder, or
- a member of the contract-holder’s family who, at the time the care was provided, lived with the contract-holder.
A person meets the carer residence condition, providing they can prove they lived at the property during this time, if:
- he or she occupied the dwelling, or
- at the time of the contract-holder’s death there was no other dwelling which the person was entitled to occupy as a home.
“Carer” means a person who:
- provides or intends to provide a substantial amount of care for another person on a regular basis, and
- does not provide or will not provide that care because of a contract of employment or another contract with any person.
A person does not provide care because of a contract merely because he or she is given board or lodging or because he or she may become qualified to succeed as a reserve successor.
Points to check when considering if someone may meet carer status:
- were there adaptations in the deceased’s property?
- Were support or social services involved with the deceased?
- Any known health issues of the deceased whereby a carer would provide substantial care for this?
- Did the deceased receive single person discount or council tax, therefore implying they lived alone
- What evidence of the above has been provided by the succession applicant
*Please note*
For transitioning contracts that converted on December 1st, 2022, if the deceased had previously succeeded to their contract as a family member, then the succession rights would start a fresh. As such, their spouse or civil partner could apply as a Priority Successor and the family member / carer can do so as a ‘Reserve Successor’.