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DEFENCE SERVICE HOMES ACT 1918 - SECT 18 Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances

DEFENCE SERVICE HOMES ACT 1918 - SECT 18

Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances

  (1)   Subject to this section, the Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance that a person may seek from a credit provider unless satisfied that:

  (a)   the person is an eligible person, or the spouse or   de   facto   partner of an eligible person who is temporarily or permanently insane; and

  (b)   the person:

  (i)   is not the owner of a dwelling - house; and

  (ii)   does not have a right of residence in a retirement village; and

  (iii)   does not own an interest in shares giving rise to a company title in respect of land on which a dwelling - house is built;

    other than the dwelling - house, right of residence or company title in respect of which the advance is payable; and

  (c)   the person is not liable to repay any amount received by way of assistance under an agreement of the kind known as a War Service Land Settlement Agreement; and

  (d)   the person has not received money from the Commonwealth after 9   December 1987 by way of:

  (i)   a payment of a cash grant instead of an advance under this Act as in force on or before that day; or

  (ii)   a payment instead of such a cash grant; and

  (e)   if the person has a spouse or   de   facto   partner (other than a spouse or   de   facto   partner from whom he or she is permanently separated)--the spouse or   de   facto   partner:

  (i)   is not the owner of a dwelling - house; and

  (ii)   does not have a right of residence in a retirement village; and

  (iii)   does not own an interest in shares giving rise to a company title in respect of land on which a dwelling - house is built;

    other than the dwelling - house, right of residence or company title in respect of which the advance is payable; and

  (f)   except in the case of an advance to a person included in paragraph   (b) or (d) of the definition of Australian Soldier in section   4 in relation to a house or building used or to be used as a hospital, sanatorium or nursing - home--the dwelling - house or retirement village accommodation in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person; and

  (g)   such advance will be secured by:

  (i)   in the case of an assigned advance--except as provided by the agreement, a first or subsequent mortgage over the assignee's interest in the retirement village and over any other person's interest in the retirement village; or

  (ii)   in any other case--except as provided by the agreement, a first mortgage over the person's interest in the holding and over any other person's interest in the holding.

  (2)   The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance, other than an additional advance, that a person may seek from a credit provider unless satisfied that the advance is for the purpose of enabling the person:

  (a)   to build a dwelling - house on a holding of the person; or

  (b)   to purchase a holding and build a dwelling - house on the holding; or

  (c)   to purchase a dwelling - house together with the holding on which it is built; or

  (d)   to complete a partially built dwelling - house on a holding of the person; or

  (e)   to enlarge, modify or repair a dwelling - house on a holding of the person; or

  (f)   to discharge any mortgage, charge or encumbrance already existing on the person's interest in a holding; or

  (g)   to obtain a right of residence in a retirement village; or

  (h)   to complete the person's partially - built retirement village accommodation; or

  (j)   to enlarge, modify or repair the person's retirement village accommodation; or

  (k)   to discharge any debt owed by the person in relation to the person's retirement village accommodation; or

  (l)   in the case of an assigned advance--to be assisted in obtaining a right of residence in the retirement village.

  (3)   The Secretary shall not issue a certificate of entitlement in relation to subsidy on an additional advance that a person may seek from a credit provider unless satisfied that the advance is for the purpose of enabling the person:

  (a)   to enlarge, modify or repair:

  (i)   a dwelling - house on a holding of the person; or

  (ii)   a person's retirement village accommodation; or

  (b)   to meet the cost of roadmaking if the person is liable to meet that cost but is otherwise unable to do so; or

  (e)   to discharge any mortgage, charge or encumbrance already existing on the person's interest in a holding; or

  (f)   to discharge any debt owed by the person in relation to the person's retirement village accommodation; or

  (g)   in the case of an assigned advance--to be assisted in continuing to hold a right of residence in the retirement village.

  (6)   In this section:

"advance" means a subsidised advance other than a widow or widower advance, an advance for essential repairs or a home support advance.