Commonwealth Numbered Acts

HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 46

46. (1) Where-

   (a)  in pursuance of sub-section 16 (3) the Secretary has directed that a
person (in this section referred to as the ''non-signing applicant'') is to be
deemed to have signed an application for a grant, being a person who refused
to sign the application or whose whereabouts were unknown;

   (b)  on the prescribed date the non-signing applicant was the spouse of
        another applicant who signed the application; and

   (c)  the Secretary is satisfied that the non-signing applicant and that
        other applicant are living apart and have no intention of resuming
        co-habitation, the Secretary may direct that payment be made to the
        applicant or applicants other than the non-signing applicant of the
        amount of the grant reduced by the amount (if any) by which the amount
        of the grant exceeds the amount that would have been the amount of the
        grant if, in determining the acceptable savings of the applicants as
        at any date, no regard were had to-

   (d)  moneys held, maintained on deposit or paid or expended by the
        non-signing applicant; and

   (e)  one-half of moneys held, maintained on deposit or paid or expended by
        the non-signing applicant jointly with another applicant.

(2) Where, under sub-section (1), the Secretary has directed the payment of an
amount to the applicant or applicants other than the non-signing applicant of
an amount that is less that the amount (in this sub-section referred to as
the ''full amount'') that, but for the direction, would have been payable to
the applicants, the Secretary may direct the payment to the non-signing
applicant of an amount not exceeding the amount by which the full amount
exceeds the sum of-

   (a)  the amount paid in pursuance of sub-section (1); and

   (b)  the amount, or the sum of any amounts, previously paid under this
        sub-section to an applicant or applicants in respect of the same
        application.