Document ID: chunk:federal_register_of_legislation:C2025C00096:section:18:p1
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 18 (pt 1/3)
Character Range: 66776–69303

18  Criteria for issue of certificate of entitlement: advances other than widow or widower advances, advances for essential repairs and home support advances
 (1) Subject to this section, the Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance that a person may seek from a credit provider unless satisfied that:
 (a) the person is an eligible person, or the spouse or de facto partner of an eligible person who is temporarily or permanently insane; and
 (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 an interest in shares giving rise to a company title in respect of land on which a dwelling‑house is built;
  other than the dwelling‑house, right of residence or company title in respect of which the advance is payable; and
 (c) the person is not liable to repay any amount received by way of assistance under an agreement of the kind known as a War Service Land Settlement Agreement; and
 (d) the person has not received money from the Commonwealth after 9 December 1987 by way of:
 (i) a payment of a cash grant instead of an advance under this Act as in force on or before that day; or
 (ii) a payment instead of such a cash grant; and
 (e) if the person has a spouse or de facto partner (other than a spouse or de facto partner from whom he or she is permanently separated)—the spouse or de facto partner:
 (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 an interest in shares giving rise to a company title in respect of land on which a dwelling‑house is built;
  other than the dwelling‑house, right of residence or company title in respect of which the advance is payable; and
 (f) except in the case of an advance to a person included in paragraph (b) or (d) of the definition of Australian Soldier in section 4 in relation to a house or building used or to be used as a hospital, sanatorium or nursing‑home—the dwelling‑house or retirement village accommodation in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person; and
 (g) such advance will be secured by:
 (i) in the case of an assigned advance—except as provided by the agreement, a first or subsequent mortgage over the assignee's interest in the retirement village and over any other person's interest in the retirement village; or
 (ii) in