10Criterion 3—Applicant (or applicant’s spouse) must not have received an earlier grant

#### 10 Criterion 3—Applicant (or applicant’s spouse) must not have received an earlier grant 10 Criterion 3—Applicant (or applicant’s spouse) must not have received an earlier grant > > (1) Subject to subsection (2), an applicant for a first home owner grant is ineligible for the grant if— > > > > > (a) the applicant or the applicant’s spouse has been a party to an earlier application under this Act or a corresponding law, and > > > > > (b) a grant was paid on the application. > > > (2) An applicant is not ineligible if the grant was paid but later paid back, together with any penalty payable under section 45. > > **s 10:** Am 2005 No 111, Sch 2 \[3\].