HC Deb 15 May 1973 vol 856 cc1448-50

Lords Amendment: No. 43, in page 28, line 23, leave out from "period" to "the" in line 25.

Mr. Graham Page

I beg to move, That this House doth agree with the Lords in the said amendment.

We found that there was no justification for including the limitation in Clause 30(3) that, where a successor is claiming the occupation of the previous occupier should have terminated with his death. The amendment abolishes that limitation. The right could have ceased in any other way.

Question put and agreed to.

Lords Amendment: No. 44, in page 28, line 27, at end insert: (3A) 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—

  1. (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
  2. (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."

Mr. Graham Page

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this amendment we will take Lords Amendments Nos. 46 and 49.

There is a question of privilege involved on Lords Amendment No. 46. On Lords Amendment No. 49 the right hon. Member will no doubt want to speak to his Amendments.

1.0 a.m.

Mr. Page

Lords Amendments No. 44, 46 and 49 go together. The new subsection (3A) provides for the case of a claimant who is entitled to a home loss payment but who dies before the expiration of the six months' claim period after displacement and without making a claim. In these circumstances, a claim may be made before the end of the claim period by any person, other than a minor, who resided in the dwelling as his only or main residence for not less than five years, ending with the date of displacement of the deceased, and who is beneficially entitled to share in the estate of the deceased, whether by virtue of testamentary dispositions, or the law of intestate succession or the right of survivorship between joint tenants.

Lords Amendment No. 46 is consequential. Lords Amendment No. 49 applies the same provision to Scotland.

When we come to Lords Amendment No. 49, Mr. Deputy Speaker, I shall seek your ruling on moving the amendments thereto.

Question put and agreed to.

Subsequent Lords Amendments agreed to, one with Special Entry.

Lords Amendment: No. 49, in page 28, line 45, at end insert: ( ) In the application of subsection (3A) above to Scotland—

  1. (a) for the word 'minor' there shall be substituted the words "person under the age of eighteen";
  2. (b) in paragraph (b), for the words from 'testamentary' to 'tenants' there shall be substituted the words
'(i) a testamentary disposition or any other deed with testamentary effect taking effect on, or the law of intestate succession" and at the end there shall be added the following words' or (ii) a right to jus relicti, jus relictae or legitim out of the deceased's estate'.

Read a Second time.

Amendments to the Lords Amendment made: after second '(b)', insert '(i); leave out '(i)'.

Lords Amendment No. 49, as amended, agreed to.

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