Death of applicant
23 Death of applicant
An application for a first home owner grant does not lapse because an applicant dies before the application is decided.
If an applicant dies before the application is decided, the following provisions apply —
if the deceased was one of 2 or more applicants and one or more applicants survive, the application is to be dealt with as if the surviving applicants were the sole applicants;
in any other case, a first home owner grant, if payable on the application, is to be paid to the estate of the deceased.
If the deceased applicant —
had not complied with either of the residence requirements; or
had complied with the requirement under section 13(4) but had not complied with the requirement under section 13(1),
but the Commissioner is satisfied that the applicant intended to do so, then the residence requirements are satisfied.
[Section 23 amended: No. 52 of 2004 s. 12.]
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