DEFENCE SERVICE HOMES ACT 1918 - SECT 17A Criteria for issue of certificate of entitlement: joint ownership

DEFENCE SERVICE HOMES ACT 1918 - SECT 17A

  (1)   The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a joint tenancy, unless the Secretary is satisfied that:

  (a)   the application was made by a person and his or her spouse or   de   facto   partner who, under subsection   4A(1), are treated together as an eligible person for the purposes of this Act; or

  (b)   the only other joint tenant is the applicant's spouse or   de   facto   partner, who is also an eligible person.

  (2)   The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a tenancy in common, unless the Secretary is satisfied that the interest or right, at the time when the application was lodged, would have had a value, if it were unencumbered, of not less than the sum of:

  (a)   all advances in relation to the applicant, in respect of which subsidy is payable; and

  (b)   the advance to which the certificate would relate.

  (3)   In this section:

"interest or right" , in relation to an applicant, means the applicant's interest or proposed interest concerned in respect of a holding, or the applicant's right or proposed right of residence concerned in respect of a retirement village (as the case requires).