22Death of applicant

22 Death of applicant

(1) An application for a first home owner grant does not lapse because an applicant dies before the application is decided.

(2) If an applicant dies before the application is decided, the following provisions apply—

(a) if the deceased was 1 of 2 or more applicants and 1 or more applicants survive, the application is to be dealt with as if the surviving applicants were the sole applicants;

(b) in any other case, a first home owner grant, if payable on the application, is to be paid to the estate of the deceased.

S. 22(3) substituted by No. 113/2003 s. 21, amended by No. 41/2013 s. 37(6).

(3) If a deceased applicant for a first home owner grant had not, by the date of death, occupied the home to which the application relates as the applicant's principal place of residence for a continuous period of 12 months commencing within the 12 month period immediately after completion of the eligible transaction or a longer period allowed by the Commissioner, but the Commissioner is satisfied that the applicant intended to do so, the residence requirement is satisfied.