18Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances

18 Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances

(1) Subject to this section, the Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance that a person may seek from a credit provider unless satisfied that: (a) the person is an eligible person, or the spouse or de facto partner of an eligible person who is temporarily or permanently insane; and (b) the person: (i) is not the owner of a dwelling‑house; and (ii) does not have a right of residence in a retirement village; and (iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling‑house is built; other than the dwelling‑house, right of residence or company title in respect of which the advance is payable; and (c) the person is not liable to repay any amount received by way of assistance under an agreement of the kind known as a War Service Land Settlement Agreement; and (d) the person has not received money from the Commonwealth after 9 December 1987 by way of: (i) a payment of a cash grant instead of an advance under this Act as in force on or before that day; or (ii) a payment instead of such a cash grant; and (e) if the person has a spouse or de facto partner (other than a spouse or de facto partner from whom he or she is permanently separated)—the spouse or de facto partner: (i) is not the owner of a dwelling‑house; and (ii) does not have a right of residence in a retirement village; and (iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling‑house is built; other than the dwelling‑house, right of residence or company title in respect of which the advance is payable; and (f) except in the case of an advance to a person included in paragraph (b) or (d) of the definition of Australian Soldier in section 4 in relation to a house or building used or to be used as a hospital, sanatorium or nursing‑home—the dwelling‑house or retirement village accommodation in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person; and (g) such advance will be secured by: (i) in the case of an assigned advance—except as provided by the agreement, a first or subsequent mortgage over the assignee’s interest in the retirement village and over any other person’s interest in the retirement village; or (ii) in any other case—except as provided by the agreement, a first mortgage over the person’s interest in the holding and over any other person’s interest in the holding. (2) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance, other than an additional advance, that a person may seek from a credit provider unless satisfied that the advance is for the purpose of enabling the person: (a) to build a dwelling‑house on a holding of the person; or (b) to purchase a holding and build a dwelling‑house on the holding; or (c) to purchase a dwelling‑house together with the holding on which it is built; or (d) to complete a partially built dwelling‑house on a holding of the person; or (e) to enlarge, modify or repair a dwelling‑house on a holding of the person; or (f) to discharge any mortgage, charge or encumbrance already existing on the person’s interest in a holding; or (g) to obtain a right of residence in a retirement village; or (h) to complete the person’s partially‑built retirement village accommodation; or (j) to enlarge, modify or repair the person’s retirement village accommodation; or (k) to discharge any debt owed by the person in relation to the person’s retirement village accommodation; or (l) in the case of an assigned advance—to be assisted in obtaining a right of residence in the retirement village. (3) The Secretary shall not issue a certificate of entitlement in relation to subsidy on an additional advance that a person may seek from a credit provider unless satisfied that the advance is for the purpose of enabling the person: (a) to enlarge, modify or repair: (i) a dwelling‑house on a holding of the person; or (ii) a person’s retirement village accommodation; or (b) to meet the cost of roadmaking if the person is liable to meet that cost but is otherwise unable to do so; or (e) to discharge any mortgage, charge or encumbrance already existing on the person’s interest in a holding; or (f) to discharge any debt owed by the person in relation to the person’s retirement village accommodation; or (g) in the case of an assigned advance—to be assisted in continuing to hold a right of residence in the retirement village. (6) In this section: