sch.6-sec.16Limit on assistance

### sch.6-sec.16 Limit on assistance A consumer is entitled to claim assistance mentioned in section 15 in relation to a structural defect in the residential construction work if the consumer first becomes aware, or ought reasonably to have become aware, of the structural defect within— for residential construction work that is not substantially complete within 6 months after the cover commencement day for the work—the period— starting on the day that is 6 months after the cover commencement day; and ending 6 years and 6 months after the period starts; or otherwise—6 years and 6 months after the cover commencement day for the work. Also, a consumer is entitled to claim assistance mentioned in section 15 in relation to a defect, other than a structural defect, in the residential construction work if the consumer first becomes aware, or ought reasonably to have become aware, of the defect within 6 months after the day the work is substantially complete. No assistance can be given to the consumer unless the consumer makes a claim mentioned in section 15 — for a structural defect—within 3 months after the day the consumer first becomes aware, or ought reasonably to have become aware, of the defect in the work; or for another defect—within 7 months after the day the residential construction work is substantially complete. In this section— cover commencement day , for residential construction work, means— if the consumer for the work obtains optional additional cover—the day the optional additional cover comes into force for the work; or otherwise—the day cover under the statutory insurance scheme comes into force for the work. See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work. (sch.6-sec.16-ssec.1) A consumer is entitled to claim assistance mentioned in section 15 in relation to a structural defect in the residential construction work if the consumer first becomes aware, or ought reasonably to have become aware, of the structural defect within— for residential construction work that is not substantially complete within 6 months after the cover commencement day for the work—the period— starting on the day that is 6 months after the cover commencement day; and ending 6 years and 6 months after the period starts; or otherwise—6 years and 6 months after the cover commencement day for the work. (sch.6-sec.16-ssec.2) Also, a consumer is entitled to claim assistance mentioned in section 15 in relation to a defect, other than a structural defect, in the residential construction work if the consumer first becomes aware, or ought reasonably to have become aware, of the defect within 6 months after the day the work is substantially complete. (sch.6-sec.16-ssec.3) No assistance can be given to the consumer unless the consumer makes a claim mentioned in section 15 — for a structural defect—within 3 months after the day the consumer first becomes aware, or ought reasonably to have become aware, of the defect in the work; or for another defect—within 7 months after the day the residential construction work is substantially complete. (sch.6-sec.16-ssec.4) In this section— cover commencement day , for residential construction work, means— if the consumer for the work obtains optional additional cover—the day the optional additional cover comes into force for the work; or otherwise—the day cover under the statutory insurance scheme comes into force for the work. See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work. - (a) for residential construction work that is not substantially complete within 6 months after the cover commencement day for the work—the period— (i) starting on the day that is 6 months after the cover commencement day; and (ii) ending 6 years and 6 months after the period starts; or - (i) starting on the day that is 6 months after the cover commencement day; and - (ii) ending 6 years and 6 months after the period starts; or - (b) otherwise—6 years and 6 months after the cover commencement day for the work. - (i) starting on the day that is 6 months after the cover commencement day; and - (ii) ending 6 years and 6 months after the period starts; or - (a) for a structural defect—within 3 months after the day the consumer first becomes aware, or ought reasonably to have become aware, of the defect in the work; or - (b) for another defect—within 7 months after the day the residential construction work is substantially complete. - (a) if the consumer for the work obtains optional additional cover—the day the optional additional cover comes into force for the work; or - (b) otherwise—the day cover under the statutory insurance scheme comes into force for the work. Note— See section 68I of the Act for when cover under the statutory insurance scheme comes into force for residential construction work.