Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p5
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 9942–12675

"(4) A certificate of entitlement issued under this section must:

    (a) if the certificate relates to an initial advance, or a further advance, that is not an assigned advance—specify that the advance is for the purposes referred to in subsection 18(2) (other than paragraph 18(2)(1)); or

    (b) if the certificate relates to an initial advance, or a further advance, that is an assigned advance—specify that the advance is for the purpose of assisting the assignee of the applicant in obtaining a right of residence in the retirement village in question; or

    (c) if the certificate relates to an additional advance that is not an assigned advance—specify that the advance is for the purposes referred to in subsection 18(3) (other than paragraph 18(3)(g)); or

    (d) if the certificate relates to an additional advance that is an assigned advance—specify that the advance is for the purpose of assisting the assignee of the applicant in continuing to hold a right of residence in the retirement village in question; or

  (e) in any other case—specify the purpose of the advance.".

20. After section 17:

   Insert:

Criteria for issue of certificate of entitlement: joint ownership

"17A.(1) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a joint tenancy, unless the Secretary is satisfied that:

SCHEDULE 1—continued

    (a) the application was made by a person and his or her wife or husband who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act; or

   (b) the only other joint tenant is the applicant's wife or husband, who is also an eligible person.

"(2) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a tenancy in common, unless the Secretary is satisfied that the interest or right, at the time when the application was lodged, would have had a value, if it were unencumbered, of not less than the sum of:

   (a) all advances in relation to the applicant, in respect of which subsidy is payable; and

   (b) the advance to which the certificate would relate.

"(3) In this section:

interest or right, in relation to an applicant, means the applicant's interest or proposed interest concerned in respect of a holding, or the applicant's right or proposed right of residence concerned in respect of a retirement village (as the case requires).".

21. Paragraph 18(l)(b):

Omit the paragraph, substitute:

"(b) the person:

(i) is not the owner of a dwelling-house; and

(ii) does not have a right of residence in a retirement village; and

       (iii) does not own