13.2.3 Exclusions

The following circumstances will prevent a dependant from being determined an eligible person:

13.2.3.1Remarriage. On remarriage, a legal [Common Law] widow or widower ceases to come within the definition of widow or widower in s.4 and is no longer an eligible person.  The legal marriage of a de facto [Deemed] widow or widower also means that she/he ceases to come within the definition widow or widower.  If a legal [Common Law] widow or widower or a de facto [Deemed] widow or widower of an eligible person enters into a de facto relationship she/he continues to be a widow or widower and eligible for assistance until she/he legally remarries.

Where an application for assistance in respect of a particular proposal has been lodged by a widow or widower and a decision that she/he is an eligible person has been made before she/he remarries, she/he is deemed to continue to be such a person with respect to that application notwithstanding her/his remarriage before the date on which assistance is granted.

13.2.3.2Divorce following Remarriage. After remarriage, a subsequent divorce from an ineligible spouse or his/her death, will not restore a widow's or widower's eligibility for a DSH loan as a widow or widower of her/his former eligible spouse. However, the widow or widower may be eligible for a Home Support Loan if the widow/widower is receiving or is eligible for a benefit under the Veterans' Entitlements Act 1986 on the basis of the service of her/his former eligible spouse.