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3.7.8 Marriage of Two Eligible Persons-Each in receipt of an Advance


Where a subsidy is being paid in respect of a person who becomes the spouse or de facto partner of another person who is also the beneficiary of a subsidy, the Secretary may cancel the subsidy in respect of one of the persons.  Cancellation of subsidy under this section of the legislation [ss.26.(4)], is discretionary and should not be taken as a matter of course.  [Please see Procedural GO 1.5 also].  The power to cancel subsidy has been in the legislation well before the insertion of the amendments allowing portability and the pooling of entitlements.  Presuming both parties met the entitlement criteria (ie did not own another dwelling etc) at the time they received their Certificates of Entitlement, action to cancel one of the subsidies would not normally be taken.