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The Home Loss Payments (Northern Ireland) Order 1992

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This is the original version (as it was originally made).

Spouses having statutory rights of occupation

4.  After Article 30 of the principal order there shall be inserted the following Article—

Spouses having statutory rights of occupation

30A.(1) This Article applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which Article 30 applies, the other spouse (“B”) acquires rights of occupation (within the meaning of Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(1)).

(2) So long as—

(a)those rights of occupation continue;

(b)B is in occupation of the dwelling and A is not; and

(c)B is not, apart from this Article, treated as occupying the dwelling by virtue of an interest or right to which that Article applies,

B shall be treated for the purposes of that Article as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of Article 31).

(3) References in this Article to a dwelling include a reference to a substantial part of it..

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