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LAND ACQUISITION AND COMPENSATION (NORTHERN

32.(1) Subject to paragraph (8), no home loss payment shall be made except on
a claim in that behalf made by the person entitled thereto ("the claimant")
before the expiration of the period of six months beginning with the date of
displacement; and any such claim shall be in writing and shall be accompanied
or supplemented by such particulars as the authority responsible for making
the payment may reasonably require to enable them to determine whether the
claimant is entitled to a payment and, if so, its amount.

(2) A home loss payment shall be made not later than three months after the
date on which a claim for the payment is made in accordance with paragraph (1)
or, if those three months end before the date of displacement, on the date of
displacement.

(3) Where the claimant has been in occupation of a dwelling or a substantial
part of it as mentioned in sub-paragraphs (a) and (b) of Article 30(2) for any
period ("the claimant's own qualifying period") and has also for an
immediately preceding period resided in the dwelling, or a substantial part of
it, as his only or main residence but without being in occupation as required
by those sub-paragraphs then, if another person was, or other persons
successively were, in occupation thereof as mentioned in those sub-paragraphs
throughout that preceding period, the claimant's own qualifying period shall
be treated for the purposes of Article 30(2) as including that preceding
period.

(4) Where a person ("the deceased") dies before the expiration of the period
for making a claim to a home loss payment and would have been entitled to such
a payment if he had made a claim within that period, a claim to that payment
may be made, before the expiration of that period, by any person, not being a
minor, who

(a)throughout a period of not less than five years ending with the date of
displacement of the deceased, has resided in the dwelling, or a substantial
part of it, as his only or main residence; and

(b)is entitled to benefit by virtue of testamentary dispositions taking effect
on, or the law of intestate succession or the right of survivorship between
joint tenants as applied to, the death of the deceased.

(5) Where the claimant has successively been in occupation of or resided in
different dwellings in the same building, being dwellings consisting of a room
or rooms not constructed or structurally adapted for use as a separate
dwelling, Article 30(2) and paragraphs (3) and (4) shall have effect as if
those dwellings were the same dwelling.

(6) Where there are two or more persons entitled to make a claim to a home
loss payment in respect of the same dwelling (whether by virtue of joint
occupation or paragraph (4)) the payment to be made on each claim shall be
equal to the whole amount of the home loss payment divided by the number of
such persons.

(7) Where an interest in a dwelling is acquired by agreement by an authority
possessing compulsory acquisition powers, the authority may, in connection
with the acquisition, make to the person from whom the interest is acquired a
payment corresponding to any home loss payment which they would be required to
make to him if the acquisition were compulsory and a vesting order in respect
of that interest had been made before he gave up occupation of the dwelling.

(8) Where the date of displacement is before the coming into operation of this
Part the period within which a claim to a home loss payment can be made shall
be the period of six months beginning with the date of the coming into
operation of this Part.

Para.(9) rep. by 1977 NI 8 art.14(2) sch.

© 2001 Crown Copyright

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