Section 23 — PUBLIC SECTOR HOME FINANCING BOARD ACT 2015

(a)

the purchase of a completed dwelling house;

(b)

the construction of a dwelling house and, if applicable, access road to the dwelling house, on the land of the approved eligible persons and such land—

(i)

shall be free from encumbrances; or

(ii)

is being financed by a public sector home financing facility;

(c)

the purchase of a dwelling house under construction;

(d)

the purchase of land for the purpose of constructing a dwelling house and, if applicable, access road to the dwelling house;

(e)

the settlement in whole or in part of an existing loan from a bank or financial institution taken for the purpose of purchasing a land, with or without a dwelling house thereon, or constructing a dwelling house and road as a means of access to the dwelling house, prior to the granting of the public sector home financing facility;

and

(f)

the renovation of a dwelling house, the purchase or construction of which has been financed or settled by the public sector home financing facility.

Public Sector Home Financing Board 25

(2)

For the purposes of subsection (1), “dwelling house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation.

(3)

An eligible person referred to in subsection (1) shall be—

(a)

a member of the public services referred to in Article 132

of the Federal Constitution;

(b)

a member of the administration in the Federation or a

State as defined in Clause (2) of Article 160 of the

Federal Constitution;

(c)

a judge of the Federal Court, Court of Appeal or High

Court;

(d)

a person who continues to be a member of the Parliamentary

Service under paragraph (e) of Article 7 of the Constitution

(Amendment) Act 1992 [Act A837];

(e)

a member of either House of Parliament;

(f)

the Speaker of the House of Representatives;

(g)

a member of a State Legislative Assembly;

(h)

an employee of any statutory body or local authority;

(i)

subject to subsection (5), a spouse of any deceased person who before his death was an eligible person under paragraphs (a) to (h), as the Minister, on the recommendation of the Board, may approve; and

(j)

a person or a class of persons whom the Minister may, by notification in the Gazette, specify upon the recommendation of the Board.

(4)

An eligible person who is entitled to apply for a home financing facility from a State Government, statutory body or local authority which has its own home financing scheme shall not be eligible for a public sector home financing facility.

Act 767

(5)

The amount of the public sector home financing facility granted to an approved eligible person under paragraph (3)(i)

shall not exceed the amount for which the deceased person was eligible before his death.

(6)

Subject to Clause (7) of Article 125 of the Federal Constitution, any eligible person concurrently holding two or more posts or offices described in subsection (3) shall be entitled to apply for a public sector home financing facility in respect of one post or office only, and an approved eligible person shall not be entitled to apply for another public sector home financing facility in respect of any other post or office he may subsequently hold.

(7)

Nothing in subsection (6) shall be construed as precluding an approved eligible person from obtaining—

(a)

the balance of the amount of the public sector home financing facility for which he is eligible to apply; or

(b)

the balance of or the difference in the amount of the public sector home financing facility for which he may become eligible to apply as a result of any change of post or office.

Duty to maintain record