19Eligibility—incapacitated persons

19 Eligibility—incapacitated persons

(1) For the purposes of section 13 of the Act, a person is eligible as an old scheme member if: (a) before 1 July 2008, the person: (i) was an incapacitated person covered by paragraph (a) of the definition of incapacitated person in section 3 of the Defence Force (Home Loans Assistance) Act 1990; and (ii) had not made an application for an entitlement certificate under Part 2 of that Act within the 2 year period mentioned in paragraph 4(1)(a) of that Act; and (b) on and after 1 July 2008, the person has not again become a member of the Defence Force; and (c) on or after 1 July 2010, the person applies for a subsidy certificate under the Defence Home Ownership Assistance Scheme Act 2008; and (d) subsection (2) or (3) of this section applies in relation to the person. (2) This subsection applies in relation to a person if a determination is in force for the person under subsection 4(1A) of the Defence Force (Home Loans Assistance) Act 1990. (3) This subsection applies in relation to a person if: (a) before 30 June 2010, the person had not applied for an entitlement certificate under the Defence Force (Home Loans Assistance) Act 1990; and (b) the Secretary is satisfied that the person’s compensable disability (within the meaning of that Act), caused or contributed to the person’s failure to apply for an entitlement certificate before that day.