The conditions governing the new house grant scheme normally preclude payment of a grant where a person who is party to a joint application or the spouse of such person had previously purchased or built, individually or with each other, another house for his or her own occupation. However, a grant may be allowed where the marriage of the person has been dissolved or annulled by court order, or the person is separated under a court order or a deed of separation, and the person and any dependants are in need of housing, and the Minister is satisfied that refusal to pay a grant would cause undue hardship. Each such application is considered on its merits.
In this case, having regard to the fact that under a separation agreement the applicant received the beneficial interest in the family home, payment of a new house grant could not be allowed.