Eligible person and spouse or de facto partner may be treated together as eligible person | Health Policy Library, Defence Service Homes (DSH), General Orders, Entitlement, Advances - Initial, Additional and Further, 2 DSH Legislation

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Eligible person and spouse or de facto partner may be treated together as eligible person

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Section 4A (1) The Secretary may, in his or her discretion, treat an eligible person and the spouse or de facto partner of that eligible person together as an eligible person for the purposes of this Act, and any reference in this Act to an eligible person shall be read as including a reference to a spouse or de facto partner of that eligible person who is so treated.

(3)  The Secretary shall not apply this section in relation to any land, or land and dwelling-house, if the land, or land and dwelling-house, is or are owned or proposed to be owned by the eligible person and his or her spouse or de facto partner otherwise than as joint tenants.

(6) The application of this section in relation to land or land and a dwelling-house does not, except as provided by this section, affect the application of the other provisions of this Act in relation to the land or land and dwelling-house.

Joint ownership

4AB(1) A reference in this Act to any of the following kinds of property:

(a) land;

(b) a suburban holding under the Crown Lands Consolidation Act 1913 of New South Wales, or under that Act as amended at any time, or under an Act enacted in substitution for that Act;

(c) a unit defined in a units plan registered in accordance with a law of the Australian Capital Territory relating to unit titles;

(d) a right of residence in a retirement village;

includes a reference to such property held by a person as a joint tenant or tenant in common;

(2) A reference in this Act to a dwelling-house includes a reference to a dwelling-house that is built in or on land, such a suburban holding or such a unit, that is held by a person as a joint tenant or tenant in common;

(3) A reference in this Act to a purchaser or borrower includes a reference to a person who is a purchaser or borrower as a joint tenant or tenant in common.

Note: Section 17A deals with the issue of certificates of entitlement in relation to joint tenancies and tenancies in common.