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Defence Home Ownership Assistance Scheme Act 2008
39When subsidy stops being payable—occupation of house as a home (non‑building loan)
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#### 39 When subsidy stops being payable—occupation of house as a home (non‑building loan)
Scope
(1) This section applies if the subsidised loan is:
(a) for the purpose covered by paragraph 30(1)(a) (to buy a house and land), or to discharge another loan for that purpose; and
(b) not for the purpose of building work, or to discharge another loan for such a purpose.
Subsidy condition
(2) At any time during the period covered by subsection (3), the subsidised borrower, or a partner or dependant of the subsidised borrower, must occupy a house on the land as a home.
(3) This subsection covers the period:
(a) starting on the first authorisation day for the subsidy; and
(b) ending:
(i) 1 year after that day; or
(ii) if the Secretary is satisfied that there are service requirements, or exceptional circumstances, justifying a shorter period of occupation—at an earlier time approved by the Secretary in writing.