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DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 - SECT 57

How subsidy is paid--monthly subsidy

  (1)   If monthly subsidy is payable to the subsidised borrower, the Secretary must pay the subsidy, as worked out under section   49, to the loan provider on a monthly basis in accordance with:

  (a)   the loan provider agreement; and

  (b)   either:

  (i)   if, for the purposes of section   81, a senior employee of an authorised Commonwealth contractor is performing the Secretary's functions under this Division under a delegation--the agreement mentioned in subsection   81(3); or

  (ii)   in any other case--a determination made by the Minister for the purposes of this section.

  (2)   An amount of monthly subsidy may be paid to a subsidised borrower only if subsidy is payable to the borrower as monthly subsidy during the most recently ended monthly authorisation period (see subsection   (3)).

Note:   See section   28 for when subsidy becomes payable, and section   36 for when subsidy stops being payable.

  (3)   The monthly authorisation period begins at the start of a day of one month, and ends immediately before the start of a day (the authorisation day ) of the next month, as worked out in accordance with:

  (a)   if, for the purposes of section   81, a senior employee of an authorised Commonwealth contractor is performing the Secretary's functions under this Division under a delegation--the agreement mentioned in subsection   81(3); or

  (b)   in any other case--a determination made by the Minister for the purposes of this section.

  (4)   A determination under subparagraph   (1)(b)(ii) or paragraph   (3)(b) is a legislative instrument.



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