14BModifications of Act in relation to eligible widowed persons

14B Modifications of Act in relation to eligible widowed persons

(1) This section applies to a person who is an eligible person by virtue of the last preceding section. (2) The Secretary may treat any land or dwelling‑house that has been purchased, or is owned, by a person to whom this section applies jointly with a child or children of the person or of a deceased spouse of the person as having been purchased, or as being owned, as the case may be, by the person alone. (3) Section 15 applies in relation to a person to whom this section applies as if the reference in that section to the year 1964 were a reference to the year 1967. (4) Subsections (1) and (2) of section 16 apply in relation to a person to whom this section applies as if each reference in those subsections to the year 1964 were a reference to the year 1967. (5) Subsection (3) of section 16 does not apply in relation to a person to whom this section applies but, for the purposes of this Act, the acceptable savings of such a person (being a person in relation to whom the prescribed date is a date later than 31 December 1967) as at a time (in this subsection referred to as the relevant time) after 31 December 1967, are, subject to this Act, the moneys that were saved in Australia before the relevant time by the person and: (a) were maintained at the relevant time by the person on deposit (other than a deposit in an account that may be drawn on by cheque) with a branch in Australia of a savings bank or fixed deposit with a branch in Australia of a trading bank, being a deposit that was described in the books or records of the savings bank or the trading bank, as the case may be, as a Home Savings Account or was described in those books or records in any other way that indicated that the moneys were for use in connexion with the purchase or construction of a dwelling‑house; (b) were maintained at the relevant time by the person on deposit with a building society; or (c) were paid before the relevant time by the person to a building society as subscriptions in respect of shares in the capital of the society and were not repaid before that time. (6) In respect of a person to whom this section applies and in relation to whom the prescribed date is a date later than 26 October 1969, paragraph (a) of the last preceding subsection has effect as if the words “, being a deposit that was described in the books or records of the savings bank or the trading bank, as the case may be, as a Home Savings Account or was described in those books or records in any other way that indicated that the moneys were for use in connexion with the purchase or construction of a dwelling‑house” were omitted. (7) Section 20 has effect in relation to a person to whom this section applies as if paragraph (c) of subsection (2) and subsection (6) were omitted. (8) A grant under this Act shall not be made to a person to whom this section applies in respect of a dwelling‑house if the person or his or her deceased spouse, or the person and his or her deceased spouse, had during their marriage, or the person has since he or she became a widower or widow: (a) owned another dwelling‑house; or (b) been a party or parties to a contract, other than a contract that was discharged (otherwise than by performance of the contract) before the expiration of three months after it was entered into, for the purchase of another dwelling‑house, being a contract that provided for the payment of the purchase price or part of the purchase price by instalments; unless the Secretary is satisfied that it would be unreasonable to regard the other dwelling‑house as, or as suitable for the purpose of constituting, the family home of the person and his or her dependent child or dependent children.