Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, on application by a person for a certificate of entitlement in relation to instalment relief that the person may seek from a credit provider, the Secretary is satisfied that:
(a) the applicant is a purchaser or borrower who is:
(i) the widow or widower of an eligible person; or
(ii) a widowed parent of an eligible person; or
(iii) a spouse or de facto partner of an eligible person who is temporarily or permanently insane; or
(b) the applicant is not a person referred to in paragraph (a) but is a purchaser or a borrower who is an eligible person or is an eligible veteran and the amounts of the instalments payable under the relevant contract of sale, mortgage or other security include an amount of interest calculated at a rate of more than 3.75% per year;
and that it would cause financial hardship to the applicant if the applicant were to pay in full the amounts of the instalments, the Secretary shall determine the amount by which the amounts of the instalments should be reduced and the period during which that reduction should apply.
Note: Paragraph (a)--see the definitions of widow and widower in subsection 4(1). Widowed parent has a corresponding meaning: see section 18A (parts of speech and grammatical forms) of the Acts Interpretation Act 1901 .
(2) Where the Secretary makes a determination, the Secretary shall issue to the applicant a certificate of entitlement specifying:
(a) the amount by which the amounts of the instalments should be reduced and the period during which that reduction should apply; and
(b) particulars of such other matters (if any) as are required by the agreement.
(3) The Secretary shall cause a copy of each certificate of entitlement under this section to be given to the credit provider.
(4) On the issue of a certificate of entitlement under this section, the amounts of instalments payable under the contract of sale, mortgage or other security to which the certificate relates are, if the credit provider grants instalment relief to the applicant, reduced by the amount specified in the certificate during the period specified in the certificate.
(5) In deciding whether a person is suffering financial hardship for the purposes of subsection (1), the Secretary is to have regard to any guidelines approved by the Minister under subsection (6).
(6) The Minister may, by legislative instrument, approve guidelines setting out matters to be taken into account in deciding whether a person is suffering financial hardship for the purposes of this Act.