Criterion 3 — except in certain circumstances, applicant or applicant’s spouse or de facto partner must not have received another grant
11 Criterion 3 — except in certain circumstances, applicant or applicant’s spouse or de facto partner must not have received another grant
Subject to subsection (2), an applicant (the applicant) is ineligible if —
the applicant or the applicant’s spouse or de facto partner has been a party to another application under this Act or a corresponding law; and
a first home owner grant (the other grant) has been paid on the other application.
The applicant is not ineligible —
if the other grant was paid back under the conditions on which it was made; or
if —
the Commissioner or, if the other grant was under a corresponding law, the authority responsible for administering that corresponding law, was notified by an applicant for the other grant that a requirement relating to residence in the home for which the other grant was paid had not been complied with; and
the other grant was paid back; and
in the Commissioner’s opinion, the circumstances do not warrant the applicant’s being rendered ineligible.
For the purposes of subsection (2) a grant is not to be regarded as having been paid back unless any penalty or interest payable in relation to the grant has also been paid.
[Section 11 inserted: No. 52 of 2004 s. 7.]
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