DEFENCE SERVICE HOMES ACT 1918 - SECT 21 Criteria for issue of certificate of entitlement: advances made for essential repairs

DEFENCE SERVICE HOMES ACT 1918 - SECT 21

  (1)   The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance for essential repairs that a person may seek from a credit provider unless satisfied that:

  (a)   the person is an eligible person who is a purchaser or a borrower in relation to:

  (i)   land; or

  (ii)   land and a dwelling - house; or

  (iii)   a right of residence in a retirement village;

  (b)   the advance relates to that land, land and dwelling - house or right of residence;

  (c)   the advance is for the purpose of enabling the person to effect repairs essential to keep the buildings, fences, fixtures and other improvements on that land or of that person's retirement village accommodation in good order and repair; and

  (d)   it would cause serious financial hardship to the person if he or she were to bear the cost of keeping them in good order and repair.

  (1A)   For the purposes of paragraph   (1)(a), the person is taken to be a borrower in relation to a right of residence in a retirement village if the person is, or will be, an assignor in relation to the advance.

  (2)   In deciding whether a person is suffering serious financial hardship for the purposes of paragraph   (1)(d), the Secretary is to have regard to any guidelines approved by the Minister under subsection   (3).

  (3)   The Minister may, by legislative instrument, approve guidelines setting out matters to be taken into account in deciding whether a person is suffering serious financial hardship for the purposes of this Act.