First Home Owners Regulations (Amendment) (Cth)
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I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 11 December 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Susan Ryan
Special Minister of State
for and on behalf of
the Minister for Community Services and Health
(a) by omitting from subregulation (1) the definition of “month”; and
(b) by adding at the end of subregulation (1) the following definition:
“ ‘year’, in relation to a prescribed date in respect of a person, means a period of 12 months commencing on the prescribed date in respect of the person or on an anniversary of the date that was the prescribed date in respect of that person when the first payment of assistance was made to that person, as the case requires.”.
(S.R. 306/87)—Cat. No. 15/11.11.1987
(a) by omitting from subregulation (1) “month that occurs after” and substituting “year that commences on”;
(b) by omitting from subregulation (1) “that month” and substituting “that year”;
(c) by omitting from subregulation (2) “month that occurs after” and substituting “year that commences on”;
(d) by inserting in subregulation (2) “, or an anniversary of that prescribed date,” after “prescribed date”;
(e) by omitting from subregulation (2) “that month” and substituting “that year”; and
(f) by omitting from subregulation (4) “month” (wherever occurring) and substituting “year”.
“4AA. (1) An eligible person shall, not earlier than 60 days before each anniversary of the prescribed date in respect of that person, furnish the Secretary with a declaration relating to the ownership and occupancy of the dwelling in relation to which he or she is an eligible person.
“(2) A declaration under subregulation (1):
(a) shall be in writing signed by the person making the declaration or, if the declaration is to be made by more than one person, signed by each such person or by one such person on behalf of all persons making the declaration; and
(b) shall be in accordance with a form made available by the Secretary.
“(3) Where a person who would otherwise be eligible to receive assistance in a year:
(a) fails to furnish the Secretary with a completed declaration in accordance with this regulation in the year immediately preceding the first-mentioned year; or
(b) furnishes the Secretary with such a completed declaration but the information provided by that person in that declaration does not establish that that person is an eligible person, or will continue to be an eligible person, in respect of that first-mentioned year;
assistance shall not be paid to that person in respect of that first-mentioned year.
“(4) Where a person who would otherwise be eligible to receive assistance in a year fails to furnish the Secretary with a completed declaration in accordance with this regulation in the year immediately preceding the first-mentioned year, the Secretary may accept such declaration furnished to the Secretary after the commencement of the first-mentioned year and that
declaration, if so accepted, shall be deemed for the purposes of paragraph (3) (a) to have been furnished to the Secretary in the year immediately preceding the first-mentioned year.”.
“(5) Where a person furnishes the Secretary with a declaration under this section and a statement indicated in that declaration as applying to that person or to a person referred to in the declaration was correct at the time the declaration was furnished to the Secretary but not on the anniversary of the prescribed date relevant to that declaration, the declaration shall be deemed to be correct on that anniversary.”.
(a) by omitting from subregulation (2) “The” and substituting “Subject to subregulation (2a) and regulation 14, the”; and
(b) by inserting after subregulation (2) the following subregulation:
“(2a) Where:
(a) a person is entitled to payment over a period of one or more years by instalments ascertained in accordance with subregulation (2) of an amount of assistance that is not less than $10; and
(b) but for this subregulation, the amount of the last of those instalments, or the sum of the amounts of a number of consecutive such instalments (including the last instalment), would be less than $10;
the amount of the last instalment, or the sum of the amounts of the consecutive instalments referred to in paragraph (b), as the case requires, shall be added to the last of the instalments payable to that person that would be equal to or exceed $10 or, if there is no such instalment, to the first instalment payable to that person.”.
“14a. (1) Notwithstanding regulations 6, 7 and 8, where assistance is payable in instalments to a person and an instalment in a year to which the person would be entitled but for subsection 23 (4) of the Act would, but for this regulation, be less than $10 and:
(a) that person is entitled in that year to the payment of one or more further instalments of assistance; or
(b) that person may be entitled to one or more further instalments of assistance payable in respect of a subsequent year;
then the amount of the first-mentioned instalment shall be increased to $10 and the total amount of assistance to which that person remains entitled after the payment of each such instalment shall be reduced accordingly.
“(2) Nothing in this regulation shall operate to increase the total amount of assistance to which a person would otherwise be eligible.”.
(a) by inserting in paragraph (1) (b) “the expiration of the year in respect of which” after “after”; and
(b) by omitting from paragraph (3) (b) “month during which he remains” and substituting “year during which the person is”.
(a) by inserting in paragraph (a) “, including any instalment of the assistance that would otherwise have been payable to that person,” after “assistance”; and
(b) by inserting in paragraph (a) “or, where the date of that person’s death is not known, the expiration of the month in which there are reasonable grounds for believing that that person died” after “dies”.
(a) who, at any time before the commencement of these Regulations, was an eligible person within the meaning of the Principal Regulations; and
(b) who, immediately before the commencement of these Regulations, was not such an eligible person;
until the person resumes, under regulation 16 of the Principal Regulations as in force immediately before the commencement of these Regulations, entitlement to assistance.
1. Notified in the
Commonwealth of Australia Gazette on 17 December, 1987.2. Statutory Rules 1983 No. 208 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1987 No. 68 andsee also Statutory Rules 1987 Nos. 68 and 240
Printed by Authority by the Commonwealth Government Printer
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