insert
(4) However, for subsection (3), the applicant or the applicant's partner is taken not to have used the property as the residence of the applicant or the applicant's partner if—
(a) the property was the subject of an earlier application under this Act by the applicant; and
(b) a first home owner grant was paid under the earlier application; and
(c) the applicant repaid the grant because of a failure to comply with section 12 in relation to the earlier application.