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5 DSH LEGISLATION

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The information appearing below is directly quoted from the Defence Service Homes Act 1918.  Sections are clearly stated and subsections are bracketed.

Section 4 (1)  In this Act, unless the contrary intention appears -

"advance for essential repairs" means a subsidised advance to a person referred to in section 21 for the purpose referred to in that section;

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is the product of a relationship the person has or had as a couple with a third person (whether of the same sex or a different sex). For this purpose, the other person cannot be the product of the relationship unless he or she is the biological child of at least one of the person or the third person or was born to a woman in the relationship.

"dependent parent" (where eligible person died on or after 1 July 2009) means a parent of a person mentioned in paragraphs (a) to (g) of the definition of "Eligible person" if:

(a) the person so mentioned:

(i)is dead; and

(ii)at the time of death, was not legally married; and

(b) one of the following subparagraphs applies:

(i)the parent is a widow or widower and was dependent on the person before the person became an eligible person;

(ii)the parent's spouse or de facto partner is so incapacitated as to be unable to contribute materially to that parent's support;

"dependent parent" (where eligible person died before 1 July 2009) means a parent of a person mentioned in paragraphs (a) to (g) of the definition of "Eligible person" if:

(a) the person so mentioned:

(i)is dead; and

(ii)at the time of death, was not legally married; and

(b) one of the following subparagraphs applies:

(i)the parent is a widow or widower and was dependent on the person before the person became an eligible person;

(ii)the parent's husband or wife is so incapacitated as to be unable to contribute materially to that parent's support;

"instalment relief" has the same meaning as in the agreement;

(See later this chapter.)

widow of a person who has died includes a woman who was a de facto partner of the person immediately before the person died.

This definition of widow in subsection 4(1) of the Defence Service Homes Act 1918 applies in relation to someone whose de facto partner dies on or after the commencement of the amendment to the definition of widow by the Sam-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (1 July 2009).  The previous definition (stated below) applies where the (eligible) person dies before 1 July 2009.

"Widow", in relation to an eligible person who died after the commencement of section 3 of the Defence Service Homes Amendment Act 1978, includes a woman who lived with the eligible person as his wife on a permanent and bona fide domestic basis, although not legally married to him;

widower of a person who has died includes a man who was a de facto partner of the person immediately before the person died.

This definition of widower in subsection 4(1) of the Defence Service Homes Act 1918 applies in relation to someone whose de facto partner dies on or after the commencement of the amendment to the definition of widower by the Sam-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (1 July 2009). The previous definition (stated below) applies where the (eligible) person dies before 1 July 2009.

"Widower", in relation to an eligible person who died after the commencement of paragraph 4(d) of the amending Act, includes a man who lived with the eligible person as her husband on a permanent and bona fide domestic basis, although not legally married to her;

"Widow or widower advance" means a subsidised advance to a person referred to in section 20 for a purpose referred to in that section;

Section 15 (1)  A person may apply to the Secretary for any of the following:

...

(d)a certificate of entitlement in relation to instalment relief that the person may seek from the Bank.