sec.24Death of applicant

sec.24 Death of applicant

An application for a first home owner grant does not lapse because an applicant dies before the application is decided. If an applicant dies before the application is decided, the following provisions apply— if the deceased was 1 of 2 or more applicants and 1 or more applicants survive—the application must be dealt with as if the surviving applicants were the sole applicants; if paragraph (a) does not apply—a first home owner grant, if payable on the application, must be paid to the deceased’s personal representative. Subsection (4) applies if— a deceased applicant for a first home owner grant had not, when the applicant died, complied with criterion 5, as applying to the applicant under section 15 immediately before the applicant’s death; and the commissioner is satisfied the applicant intended to comply with the criterion. The deceased applicant is taken to have complied with criterion 5. s 24 amd 2003 No. 90 s 9 (sec.24-ssec.1) An application for a first home owner grant does not lapse because an applicant dies before the application is decided. (sec.24-ssec.2) If an applicant dies before the application is decided, the following provisions apply— if the deceased was 1 of 2 or more applicants and 1 or more applicants survive—the application must be dealt with as if the surviving applicants were the sole applicants; if paragraph (a) does not apply—a first home owner grant, if payable on the application, must be paid to the deceased’s personal representative. (sec.24-ssec.3) Subsection (4) applies if— a deceased applicant for a first home owner grant had not, when the applicant died, complied with criterion 5, as applying to the applicant under section 15 immediately before the applicant’s death; and the commissioner is satisfied the applicant intended to comply with the criterion. (sec.24-ssec.4) The deceased applicant is taken to have complied with criterion 5.

• (a) if the deceased was 1 of 2 or more applicants and 1 or more applicants survive—the application must be dealt with as if the surviving applicants were the sole applicants;
• (b) if paragraph (a) does not apply—a first home owner grant, if payable on the application, must be paid to the deceased’s personal representative.
• (a) a deceased applicant for a first home owner grant had not, when the applicant died, complied with criterion 5, as applying to the applicant under section 15 immediately before the applicant’s death; and
• (b) the commissioner is satisfied the applicant intended to comply with the criterion.