Commonwealth Consolidated Acts

DEFENCE HOME OWNERSHIP ASSISTANCE SCHEME ACT 2008 - SECT 63

Scope

  (1)   This section applies if:

  (a)   a person dies; and

  (b)   the person has a surviving partner; and

  (c)   the surviving partner holds a subsidy certificate given under section   18 that is in force; and

  (d)   subsidy is not payable to the surviving partner because of section   60 or 61.

Note 1:   The person who dies is the deceased partner of his or her surviving partner (see section   4).

Note 2:   Sections   60 and 61 provide for entitlement to subsidy to be transferred from a deceased partner to a surviving partner in certain circumstances, without the requirement for the surviving partner to obtain a new subsidy certificate.

Application of this Part to surviving partner

  (2)   This Part applies to the surviving partner in the same way as it would have applied to the deceased partner (had he or she not died), subject to section   64.

Note:   Section   64 provides for how this Part applies to the surviving partner.

Section   61 subsidy becomes payable

  (3)   However, if subsidy becomes payable to the surviving partner because of section   61 (with effect from the time of the death of the deceased partner), any subsidy paid to the surviving partner because of the operation of subsection   (2) is taken not to have become payable.

Note:   If subsidy is taken not to have become payable to a surviving partner because of this subsection, the Commonwealth may recover the amount of any payments of subsidy during the entitlement period from the surviving partner (see Division   6).