Part III Provisions for Benefit of Persons Displaced From Land

Home loss payments

F229A Spouses F1and civil partners having statutory rights of occupation.

(1)

This section applies where, by reason of the entitlement of F3one spouse or civil partner (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, F4the other spouse or civil partner (“B”) acquires home rightsF5 (within the meaning of Part IV of the Family Law Act 1996) .

(2)

So long as—

(a)

those F6home rights continue,

(b)

B is in occupation of the dwelling and A is not, and

(c)

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

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).

(3)

References in this section to a dwelling include a reference to a substantial part of it.