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Coal Mining Subsidence Act 1991

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Amount of home loss paymentE+W+S

2(1)In the case of a person who on the date of displacement is occupying, or is treated for the purposes of paragraph 1 above as occupying, the dwelling-house by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be the aggregate of—E+W+S

(a)10 per cent. of the value of his interest in the dwelling-house or, as the case may be, the interest in the dwelling-house vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500; and

(b)his reasonable expenses in removing from the dwelling-house.

(2)In the case of any other person, the amount of the home loss payment shall be the aggregate of £1,500 and his reasonable expenses in removing from the dwelling-house.

(3)The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of sub-paragraph (1)(a) above and a different amount for the purposes of sub-paragraph (2) above.

(4)In this paragraph any reference to the value of an interest in the dwelling-house shall be taken to be a reference to the value of that interest immediately before the deterioration in the condition of the dwelling-house; and paragraph 2 of Schedule 1 to this Act shall apply for the purpose of determining that value as it applies for the purpose of determining the value of a unit of property at any time for the purposes of section 10 or 11 of this Act.

(5)In this paragraph “owner’s interest” means—

(a)in relation to a dwelling-house situated in England and Wales, the interest of a person who is an owner as defined in section 7 of the M1Acquisition of Land Act 1981; or

(b)in relation to a dwelling-house situated in Scotland, the interest of a person who is an owner as defined in section 45(1) of the M2Land Compensation (Scotland) Act 1963.

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I1 Sch. 4 para. 2 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2

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