Victorian Consolidated Legislation

First Home Owner Grant Act 2000 - SECT 22

Death of applicant

22. Death of applicant



(1) An application for a first home owner grant does not lapse because an
applicant dies before the application is decided.

(2) If an applicant dies before the application is decided, the following
provisions apply-

   (a)  if the deceased was 1 of 2 or more applicants and 1 or more applicants
        survive, the application is to be dealt with as if the surviving
        applicants were the sole applicants;

   (b)  in any other case, a first home owner grant, if payable on the
        application, is to be paid to the estate of the deceased.

(3) If a deceased applicant for a first home owner grant had not, by the date
of death, occupied the home to which the application relates as the
applicant's principal place of residence for a continuous period of 6 months
commencing within the 12 month period immediately after completion of the
eligible transaction or a longer period allowed by the Commissioner, but the
Commissioner is satisfied that the applicant intended to do so, the residence
requirement is satisfied.