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DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 (NO. 27, 2008) - SECT 36

When subsidy stops being payable--general

                   Subsidy stops being payable to the subsidised borrower, in relation to the entitlement period:

                     (a)  if an event mentioned in an item in the following table occurs; and

                     (b)  with effect from the start of the monthly authorisation period in which the critical time provided for that item occurs.

 

When subsidy stops being payable

Item

Event

Critical time

1

All outstanding amounts due under the subsidised loan are paid

As soon as the outstanding amounts are paid

2

The subsidised borrower no longer has a service credit

As soon as the subsidised borrower no longer has a service credit

3

Subsidy becomes payable to the subsidised borrower in relation to another loan (unless subsidy is payable in relation to one of the loans by the operation of Division 5 (subsidy for surviving partners))

When subsidy becomes payable in relation to the other loan

4

The Secretary is satisfied that the condition under section 37 (relating to the completion of building work) is not met

2 years after the first authorisation day for the subsidy

5

A condition mentioned in section 38 (relating to the ownership of land) is not met

As soon as the condition is not met

6

The Secretary is satisfied that the condition under section 39 or 40 (relating to occupation of the house) is not met

As soon as the condition is not met

7

The Secretary is satisfied that the condition under section 41 (relating to the use of the land) is not met

As soon as the condition is not met

8

The Secretary is satisfied that the condition under section 42 (relating to the disclosure of changes of circumstances) is not met in relation to an event

At the earlier of the following times:

(a) the time the subsidised borrower becomes aware of the event;

(b) the constructive knowledge time mentioned in subsection 42(3)

9

Subsidy stops being payable in accordance with a notice given by the Secretary under section 43, at the request of the subsidised borrower

On the later of the following days:

(a) the day requested by the subsidised borrower;

(b) a day (if any) stated by the Secretary in the notice

10

Authorisation for the payment of subsidy to the subsidised borrower is revoked in accordance with a notice given by the Secretary under subsection 44(2)

When subsidy first became payable

11

The subsidised borrower dies, unless subsidy is, or becomes, payable to the borrower's surviving partner under section 60 or 61

When the subsidised borrower dies

Note:          The Commonwealth may recover, as overpayments, any subsidy paid to a subsidised borrower after subsidy has stopped (or is taken to have stopped) being payable to him or her (see Division 6).



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