Criteria—seniors housing grant
12B Criteria—seniors housing grant
An applicant for a seniors housing grant must be—
a person who has entered into a contract for the purchase of a new home; or
a person for whom a new home is being built under a comprehensive home building contract; or
an owner builder who is building a new home.
If an application for a seniors housing grant is made by 1 person only—
the applicant must satisfy the Commissioner that he or she is 60 or more years of age; and
the applicant must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the
Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period).
If an application for a seniors housing grant is made by 2 or more persons—
the applicants must satisfy the Commissioner that—
at least 1 of the applicants is 60 or more years of age; and
all of the applicants are natural persons; and
at least 1 of the applicants who is 60 years or more of age must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least
6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period).
The
Commissioner may, if the Commissioner considers there are good reasons for doing so, vary an applicant's residence requirement at any time (including after the end of the period allowed for compliance with the residence requirement) by approving a shorter residence period or a longer completion period (or both).
If the Commissioner varies a residence requirement under subsection (4), the requirement as varied will be taken to have been the applicant's residence requirement from the date of the determination of his or her application.
Subject to subsection (7), an applicant for a seniors housing grant is ineligible if—
the applicant or the applicant's spouse or domestic partner has been a party to an earlier application under this Act for a seniors housing grant; and
a seniors housing grant was paid on the application.
However, an applicant for a seniors housing grant is not ineligible if—
the seniors housing grant was later paid back; and
the basis for the repayment of the grant was a failure to comply with the residence requirement or any conditions on which the grant was made; and
any penalty amount payable under section 39(3) in relation to repayment of the earlier grant has been paid.
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