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10.11 Transfer without Consent


If a person transfers a property or an interest in a property which is subject to a Corporation advance or subsidised advance, without the consent of DSH, a delegate can issue a certificate of entitlement in relation to the transfer only if the transfer is such that it would have attracted a certificate of entitlement if it had been submitted for a certificate prior to the transfer ie. the transferee is an eligible person or the transfer was one from the single tenancy of an eligible person into joint tenancy with his or her spouse. This is also provided no subsequent event would warrant consent being withheld.

Where the transfer is one which would not have attracted a certificate of entitlement, the subsidy may be cancelled in accordance with Section 26 of the Act.  Subsidy paid since the day of the transfer may also be recovered in accordance with Section 29.  Full details on the cancellation and recovery of subsidy are contained in Chapters 6 and 7 of Part 4 Subsidy Administration General Orders.