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DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 (NO. 27, 2008) - SECT 57

How subsidy is paid--monthly subsidy

             (1)  If monthly subsidy is payable to the subsidised borrower, the Secretary must pay the subsidy, as worked out under section 49, to the loan provider on a monthly basis in accordance with:

                     (a)  the loan provider agreement; and

                     (b)  either:

                              (i)  if, for the purposes of section 81, a senior employee of an authorised Commonwealth contractor is performing the Secretary's functions under this Division under a delegation--the agreement mentioned in subsection 81(3); or

                             (ii)  in any other case--a determination made by the Minister for the purposes of this section.

             (2)  An amount of monthly subsidy may be paid to a subsidised borrower only if subsidy is payable to the borrower as monthly subsidy during the most recently ended monthly authorisation period (see subsection (3)).

Note:          See section 28 for when subsidy becomes payable, and section 36 for when subsidy stops being payable.

             (3)  The monthly authorisation period begins at the start of a day of one month, and ends immediately before the start of a day (the authorisation day ) of the next month, as worked out in accordance with:

                     (a)  if, for the purposes of section 81, a senior employee of an authorised Commonwealth contractor is performing the Secretary's functions under this Division under a delegation--the agreement mentioned in subsection 81(3); or

                     (b)  in any other case--a determination made by the Minister for the purposes of this section.

             (4)  A determination under subparagraph (1)(b)(ii) or paragraph (3)(b) is a legislative instrument.



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