5Person not intending to reside in dwelling

5 Person not intending to reside in dwelling

Where a person is: (a) a prescribed person in relation to a dwelling; or (b) an applicant in respect of an application in relation to a dwelling; and the Secretary is satisfied that: (c) the person: (i) was, on the prescribed date, the spouse of a prescribed person in relation to the dwelling; (ii) has resided in the dwelling as his principal place of residence; and (iii) no longer so resides and does not intend so to reside within a reasonable time; or (d) the person has not resided in the dwelling as his principal place of residence and does not intend so to reside within a reasonable time; the Secretary may, in his discretion, direct that, for the purposes of this Act, the person is to be deemed not to be, and never to have been: (e) where paragraph (a) applies—a prescribed person in relation to the dwelling; or (f) where paragraph (b) applies—an applicant in respect of the application.