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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 22 July 2021 - onwards
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10B. Permanently and totally incapacitated individuals.

(1) A residential property shall not, for the purposes of section 16(1), be regarded as a relevant residential property where the property is occupied by an incapacitated individual as his or her sole or main residence and -

(a) either -

(i) the individual is a person -

(I) to whom paragraph (b) of section 189(1) of the Act of 1997 applies, or

(II) who is a beneficiary under a qualifying trust (within the meaning of section 189A(1) of the Act of 1997),

or

(ii) the individual is not a person referred to in clause (I) or (II) of subparagraph (i) and the Revenue Commissioners confirm, under subsection (1A), that the residential property shall not, for the purposes of this Act, be regarded as a relevant residential property,

and

(b) the property is -

(i) acquired because of its suitability for occupation by such an incapacitated individual, or

(ii) adapted to render it more suitable for occupation by such an incapacitated individual and the cost of the adaptation, on completion of that ada

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