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Rural and Regional Adjustment Regulation 2011
sch.44-sec.6Eligibility for assistance
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### sch.44-sec.6 Eligibility for assistance
An applicant is eligible to receive a grant of financial assistance under the scheme for carrying out works to a home if—
the applicant is the owner of the home; and
the works are eligible works; and
the home is an eligible home; and
an eligible home assessment has been completed for the home and—
for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or
for works that have been started or are completed—the report for the assessment confirms that the works—
are eligible works; and
are being, or were, carried out by a licensed contractor; and
are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
the applicant—
has obtained a quote from a licensed contractor to carry out the works; or
has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or
has a receipt for payment to a licensed contractor who carried out the works; or
has entered into a contract with a licensed contractor for the carrying out of the works; and
the public works department has issued a value for money certificate for the eligible works; and
if the applicant is required to make a 50% contribution to the cost of the eligible works—the applicant is able to make the contribution.
See sections 5A to 5F for whether an applicant is required to make a contribution to the cost of eligible works.
However, the applicant is only eligible for conditional approval of a grant of financial assistance under the scheme if the applicant—
does not have a receipt for payment to the licensed contractor who carried out the works; or
has not entered into a contract with a licensed contractor for the carrying out of the works.
Despite subsection (1) , an applicant is not eligible to receive financial assistance under the scheme for carrying out eligible works to a home if the applicant has received any combination of the following to a total amount equal to or more than the maximum amount of financial assistance available to the applicant under the scheme for carrying out the eligible works—
a grant of financial assistance under the scheme for the home;
funding for the eligible works under another government scheme.
Subsection (3B) applies if—
the applicant has received a grant or funding mentioned in subsection (3) (a) or (b) for the eligible works; and
the total amount of the grant or funding received by the applicant is less than the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works.
Despite sections 5A to 5D , the maximum amount of financial assistance the applicant may receive under the scheme for carrying out the eligible works is limited to the difference between—
the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works; and
the total amount of the grant or funding mentioned in subsection (3) (a) or (b) received by the applicant.
This section applies subject to section 7 .
In this section—
eligible home assessment means an assessment of a home, undertaken by or for the public works department, to identify the eligible works that may be suitable to be carried out to the home or to identify if works done to the home are eligible works.
government scheme means a scheme for providing financial assistance that is administered or funded by a local government, the State or the Commonwealth.
sch 44 s 6 ins 2022 SL No. 105 s 5
amd 2023 SL No. 184 s 7 ; 2024 SL No. 46 s 9
(sch.44-sec.6-ssec.1) An applicant is eligible to receive a grant of financial assistance under the scheme for carrying out works to a home if— the applicant is the owner of the home; and the works are eligible works; and the home is an eligible home; and an eligible home assessment has been completed for the home and— for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or for works that have been started or are completed—the report for the assessment confirms that the works— are eligible works; and are being, or were, carried out by a licensed contractor; and are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and the applicant— has obtained a quote from a licensed contractor to carry out the works; or has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or has a receipt for payment to a licensed contractor who carried out the works; or has entered into a contract with a licensed contractor for the carrying out of the works; and the public works department has issued a value for money certificate for the eligible works; and if the applicant is required to make a 50% contribution to the cost of the eligible works—the applicant is able to make the contribution. See sections 5A to 5F for whether an applicant is required to make a contribution to the cost of eligible works.
(sch.44-sec.6-ssec.2) However, the applicant is only eligible for conditional approval of a grant of financial assistance under the scheme if the applicant— does not have a receipt for payment to the licensed contractor who carried out the works; or has not entered into a contract with a licensed contractor for the carrying out of the works.
(sch.44-sec.6-ssec.3) Despite subsection (1) , an applicant is not eligible to receive financial assistance under the scheme for carrying out eligible works to a home if the applicant has received any combination of the following to a total amount equal to or more than the maximum amount of financial assistance available to the applicant under the scheme for carrying out the eligible works— a grant of financial assistance under the scheme for the home; funding for the eligible works under another government scheme.
(sch.44-sec.6-ssec.3A) Subsection (3B) applies if— the applicant has received a grant or funding mentioned in subsection (3) (a) or (b) for the eligible works; and the total amount of the grant or funding received by the applicant is less than the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works.
(sch.44-sec.6-ssec.3B) Despite sections 5A to 5D , the maximum amount of financial assistance the applicant may receive under the scheme for carrying out the eligible works is limited to the difference between— the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works; and the total amount of the grant or funding mentioned in subsection (3) (a) or (b) received by the applicant.
(sch.44-sec.6-ssec.4) This section applies subject to section 7 .
(sch.44-sec.6-ssec.5) In this section— eligible home assessment means an assessment of a home, undertaken by or for the public works department, to identify the eligible works that may be suitable to be carried out to the home or to identify if works done to the home are eligible works. government scheme means a scheme for providing financial assistance that is administered or funded by a local government, the State or the Commonwealth.
- (a) the applicant is the owner of the home; and
- (b) the works are eligible works; and
- (c) the home is an eligible home; and
- (d) an eligible home assessment has been completed for the home and— (i) for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or (ii) for works that have been started or are completed—the report for the assessment confirms that the works— (A) are eligible works; and (B) are being, or were, carried out by a licensed contractor; and (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
- (i) for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or
- (ii) for works that have been started or are completed—the report for the assessment confirms that the works— (A) are eligible works; and (B) are being, or were, carried out by a licensed contractor; and (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
- (A) are eligible works; and
- (B) are being, or were, carried out by a licensed contractor; and
- (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
- (e) the applicant— (i) has obtained a quote from a licensed contractor to carry out the works; or (ii) has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or (iii) has a receipt for payment to a licensed contractor who carried out the works; or (iv) has entered into a contract with a licensed contractor for the carrying out of the works; and
- (i) has obtained a quote from a licensed contractor to carry out the works; or
- (ii) has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or
- (iii) has a receipt for payment to a licensed contractor who carried out the works; or
- (iv) has entered into a contract with a licensed contractor for the carrying out of the works; and
- (f) the public works department has issued a value for money certificate for the eligible works; and
- (g) if the applicant is required to make a 50% contribution to the cost of the eligible works—the applicant is able to make the contribution. Note— See sections 5A to 5F for whether an applicant is required to make a contribution to the cost of eligible works.
- (i) for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or
- (ii) for works that have been started or are completed—the report for the assessment confirms that the works— (A) are eligible works; and (B) are being, or were, carried out by a licensed contractor; and (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
- (A) are eligible works; and
- (B) are being, or were, carried out by a licensed contractor; and
- (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
- (A) are eligible works; and
- (B) are being, or were, carried out by a licensed contractor; and
- (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and
- (i) has obtained a quote from a licensed contractor to carry out the works; or
- (ii) has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or
- (iii) has a receipt for payment to a licensed contractor who carried out the works; or
- (iv) has entered into a contract with a licensed contractor for the carrying out of the works; and
- (a) does not have a receipt for payment to the licensed contractor who carried out the works; or
- (b) has not entered into a contract with a licensed contractor for the carrying out of the works.
- (a) a grant of financial assistance under the scheme for the home;
- (b) funding for the eligible works under another government scheme.
- (a) the applicant has received a grant or funding mentioned in subsection (3) (a) or (b) for the eligible works; and
- (b) the total amount of the grant or funding received by the applicant is less than the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works.
- (a) the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works; and
- (b) the total amount of the grant or funding mentioned in subsection (3) (a) or (b) received by the applicant.