Division 3: Definitions and key concepts

7.1.14   Definitions
7.1.15   Posting location
7.1.16   Suitable accommodation

7.1.14   Definitions

 

This table defines terms used in this Chapter.

 

Term

Definition in this Chapter

Date of purchase

The date they enter into a contract to buy their own home.

Example: The member formally exchanges contracts.

Date of sale

For a member’s own home, the date they enter into a contract to sell the home.

Hotel

Includes a motel, boarding house or similar accommodation. It does not include a serviced apartment.

See: The definition of serviced apartment in this clause.

HomeFind

The electronic database and home allocation system maintained by the Defence Housing Australia.

Own home and 'ownership'

a.    The member is taken to own a home when one or a combination of these people hold an interest as an owner of the home.

i.     The member.

ii.    A dependant of the member.

iii.   A company, trust, partnership or joint venture that the member or their dependant hold a controlling interest or equal share in.

 

b.    The interest can be a controlling interest or an equal share.

Example: Three members buy an equal third share in a home. They rent it out when posted out of the home's location. When one of the members returns to the home's location, the member is taken to own the home.

 

c.    The interest in the home may be legal or equitable.

Example 1:

The member is the sole beneficiary of a trust. Their dependant is the trustee who holds the legal title. The home is still the member's because they have an equitable interest in it.

 

Example 2:

The member's home is mortgaged to a lender. The member is still taken to own the home even though the lender also has an interest in it.

 

See: Chapter 7 Part 2.

Posting location

See: Division 3 clause 7.1.15

Rank

Worn rank.

Rent

A charge for a rented home for which rent allowance is payable. It includes both these charges if they apply.

a.    A charge for a garage at the home.

b.    A charge for rental of furniture or household appliances for the home.

See: Part 6 Division 4 clause 7.6.19, Working out rent allowance.


 

Rent ceiling

An amount that is the maximum weekly rent that can be used to work out a member's rent allowance.

See:
Part 6 Division 2, How rent allowance is worked out

Annex 7.B, Rent ceilings

Service residence

A home provided by the Commonwealth.

Serviced apartment

Accommodation that the CDF is satisfied is a serviced apartment. The CDF must consider all these criteria.

a.  Whether it has facilities that are similar to those generally available in an apartment or flat.

b.  The level of services provided.

c.  The level of cooking and dining facilities.

Note: As a guide, these would be regarded as suitable cooking and dining facilities.

 

 

i.  A kitchen separate from bedrooms.

ii. A stove with two rings and an oven.

iii. A microwave.

iv. A suitable sized refrigerator.

v.  A sink for washing dishes, with hot water supply.

vi. A pantry or other food storage area.

vii. Enough pots, pans, cutlery and crockery for the member or dependants.

viii. A dining table and dining chairs.

Suitable accommodation

See: Division 3 clause 7.1.16

Utilities

See: Part 8 clause 7.8.2, Utilities – definition

Utility connection deposit

A deposit required before water, gas or electricity services can be supplied to a home.

 

Persons who can make the decision under clause 7.1.14, definition of serviced apartment, on behalf of the CDF:

An employee of Defence Housing Australia who performs the duties of:

-       Team Leader in the Housing Management Centre (HMC)

-       Housing Management Centre Manager

-       National Operations – Allocations Manager

 

7.1.15   Posting location

 

Chapter 1 Part 3 Division 1 clause 1.3.52 defines the basic meaning of posting location for service within Australia. This table defines exceptions and particular cases under this Chapter. This makes sure that housing assistance is targeted at a member's home even if they are away from it.

 

Item

If the member is…

and the member…

then their posting location is…

1.

a former member

rejoins the ADF

where they lived just before they rejoined the ADF.

2.

a member with dependants

meets both these conditions.

a.  They are undergoing initial training.

b.  They are not entitled to a removal
See: Chapter 6 Part 6 Division 1 for removals

where the dependants lived immediately before the member joined the ADF.

2A.

a member with dependants (unaccompanied)

meets both of these conditions.

the location of the member's dependants' first Australian home.

a.

The member was recruited from overseas.

b.

The member's dependants' first Australian home is not in the member's first posting location.

3.

a member with dependants

is deployed for six months or longer

either of these places.

a.  Where the dependants were last removed before the deployment.

b.  Where the dependants are given a removal to for extended family support.

See:
Chapter 17 Part 5 Division 1 clause 17.5.6
Chapter 17 Part 7 Division 1 clause 17.7.6.

4.

a member with dependants

meets all these conditions.

a. They are entitled to rent allowance.

b. They are notified of a posting to take effect within the same calendar year.

c. They go on posting unaccompanied.

d. The dependants continue to live in the rented home in the losing location.

where their dependants live until the end of the calendar year.

See: Part 5 Division 4 clause 7.5.29, Member keeps a Service residence at losing location.

5.

a member with dependants (unaccompanied)

is posted away from their dependants' home

where their dependants live until the member stops being a member with dependants (unaccompanied).

5A.

a member with dependants (unaccompanied)

has dependants who live in a personal location for which housing assistance benefits are not provided

the location where the member is posted.

5B.

a member with dependants (unaccompanied)

has dependants who live in a personal location for which housing assistance benefits are provided

the location where the member is posted.

6.

a member with or without dependants

is posted to any of these locations.

a.  A seagoing vessel.

b.  A Navy aircraft squadron or a flight liable to embark on a seagoing ship

the location they are given a removal to.

See: Chapter 6 Part 6 Division 4 clause 6.6.31.

 

7.

a member with or without dependants

is posted to a location in a greater area approved by the CDF under Chapter 1 Part 3 Division 1 paragraph 1.3.52.1.b

whichever of these locations has the lower rent ceiling.

a. The location where they live.

b. The location with the highest rent ceiling where they could live if they lived within the posting location.

See: Examples below

 

 

Examples of item 7

1.  A member is posted to Newcastle. They are given permission to live at Singleton. Their posting location extends to Singleton. They are only entitled to the rent ceiling for Singleton as it has the lower rent ceiling.

2.  A member is posted to Singleton. They are given permission to live in Newcastle. Their posting location extends to Newcastle. They are still only entitled to the rent ceiling for Singleton, as it has the lower rent ceiling.

7.1.16   Suitable accommodation

1.

Suitable accommodation must meet all of these conditions.

 

a.

It is in the member's posting location.

 

b.

It can accommodate the member and dependants, if any.

 

c.

It meets any levels or standards that depend on the rank of the member.

Exception: A rented home or an own home.

See:

Part 3 Division 1 clause 7.3.11 for levels of living-in accommodation

Part 5, clauses 7.5.13 and 7.5.16 for rank groups and allocation principles.

 

d.

It is available within a reasonable time.

2.

The type of housing that is suitable also depends on the category of member, as shown in this table.

 

Item

If the member…

then suitable accommodation may be…

1.

is a member with dependants

any of the following.

a. 

The member’s suitable own home (see

Part 2).

b. 

A suitable Service residence (see Part 5).

c. 

A home for which rent allowance is payable (see Part 6).

2.

is a member with dependants (unaccompanied)

a.

for the member, any of the following.

i.

Appropriate living-in accommodation (see Part 3 Division 1 clause 7.3.4).

ii.

A rented home for which rent allowance is payable (see Part 6).

iii.

A surplus Service residence (see Part 5 clause 7.5.28).

 

iv.

Accommodation provided under Part 5A.

b.

for the member's dependants – the accommodation that was approved as suitable for them to live in at the losing location.

2A.

meets both the following conditions

a.

for the member, any of the following.

a.

The member is a member with dependants (unaccompanied).

i.

Appropriate living-in accommodation (see Part 3 Division 1 clause 7.3.4).

b.

The member has dependants at a personal location for which housing assistance benefits are not provided.

ii.

A rented home for which rent allowance is payable (see Part 6).

iii.

A surplus Service residence (see Part 5).

iv.

Accommodation provided under Part 5A.

b.

for the member's dependants – not applicable.

3.

is a member without dependants

any of the following.

a.

The member’s suitable own home (see Part 2).

b.

Appropriate living-in accommodation (see Part 3 Division 1 clause 7.3.4).

c.

A rented home for which rent allowance is payable (see Part 6).

d.

A surplus Service residence (see Part 5 clause 7.5.29).

e.

Accommodation provided under Part 5A.

 

 

PACMAN                                                             AL12 (October 2011)                                 Chapter 7 ‑ Part 1 Division 3 – 1