Ordinary place of residence, not in actual occupation
30 Ordinary place of residence, not in actual occupation
Notwithstanding that the person concerned is not for the time being resident there, land shall be deemed to be the ordinary place of residence of that person if —
the land belongs to that person, and was formerly the ordinary place of residence of that person; and
furniture, household goods or personal effects of that person remain in the residence; and
the land is —
unoccupied; or
occupied by any dependant of that person as the ordinary place of residence of that dependant; or
with the consent of that person occupied by some other person otherwise than on a paying basis;
and
that person has not for the time being any other entitlement registered,
where the residence of that person there ceased by reason of ill‑health, frailty or other cause not within the control of that person.
For the purposes of this Act, other than section 23(5)(b), land is to be taken to be wholly occupied as an ordinary place of residence of a person, despite the person not being resident there, if the person —
is eligible under section 23(5) to apply to have their entitlement as regards the land registered; and
is a registered person as regards that land on the basis of eligibility under section 23(5); and
has not for the time being any other entitlement registered as regards that land.
[Section 30 amended: No. 22 of 1998 s. 23; No. 31 of 2006 s. 34.]
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