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This Division defines a suitable own home and whether a member is entitled to housing assistance. |
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1. |
A home is a suitable own home if it meets all these conditions. |
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a. |
It is owned by the member or their dependant. See: Part 1 Division 3 clause 7.1.14, Definitions, for how to work out who owns the home. |
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b. |
It is at the member's posting location. See: |
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c. |
It has the number of bedrooms a member and their dependants need to live in. The table is a guide to how this can be worked out. These principles apply. |
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i. |
The presence of a member's spouse or interdependent partner has no effect on the number of rooms needed. This is because they are taken to share with the member. |
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ii. |
A child in year seven and over has their own bedroom. |
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iii. |
Children of the same gender with an age difference of more than four years have their own separate bedrooms. |
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See: The definition of dependant in Chapter 1 Part 3 Division 2. |
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Guide to minimum bedroom requirement |
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Item |
If the member has... |
and the children are... |
and their gender is... |
then the minimum bedroom requirement is... |
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1. |
no children |
– |
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1 bedroom or a studio apartment |
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2. |
one child |
any age |
any gender |
2 bedrooms |
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3. |
two children |
in school year 6 or under |
the same |
2 bedrooms |
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4. |
two children |
in school year 7 or over |
the same |
3 bedrooms |
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5. |
two children |
in school year 6 or under |
different |
3 bedrooms |
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6. |
two children |
in school year 7 or over |
different |
3 bedrooms |
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7. |
an
adult dependant who is not a spouse or interdependent partner. |
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2 bedrooms |
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2. |
Pets are not taken into account in working out whether a home is suitable. |
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3. |
The CDF may decide that a smaller home is suitable for exceptional reasons. Example: A member has six teenage children and a seven bedroom entitlement. They are posted to a very small town. There are no homes with seven bedrooms for rent or sale in the town. The only available Service residences have four bedrooms. The member buys a six-bedroom home. Two of the children share a room. The member would not be eligible for housing assistance at that location. |
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4. |
A suitable own home is taken to include any of these homes. See: Clause 7.2.6, Own home bought with |
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a. |
A home for which the member has received home purchase assistance (HPAS). |
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b. |
A home for which the member has received home sale and purchase expenses allowance (HPSEA). |
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c. |
A home that the member lives in at the posting location and has a real or equitable interest in, although the interest is not an equal or controlling share. |
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Persons who can make the decision under subclause 7.2.5.3 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 Contract Manager Services Agreement Assistant Contract Manager Services Agreement Assistant Director Operations Director Relocations and Housing |
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1. |
Despite clause 7.2.5, this clause applies to a member who buys a home using one of these types of assistance. |
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a. |
Home purchase assistance scheme (HPAS). See: Chapter 6 Part 2 Division 1, Initial home purchase. |
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b. |
Reimbursement for home purchase expenses (HPSEA). See: Chapter 6 Part 2 Division
2, |
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c. |
A |
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d. |
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e. |
Defence Home Ownership Assistance Scheme. |
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See: Defence Home Ownership Assistance Scheme Act 2008 Defence Home Ownership Assistance Scheme Regulations 2008 Department of Veterans' Affairs website: www.dhoas.gov.au |
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2. |
The home is taken to be a suitable own home. |
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3. |
A home bought using a benefit listed under subclause 1 is a suitable own home for all further postings to that home's location. |
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Exception: This subclause does not apply if the home ceases to be suitable for any of the following reasons. |
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a. |
The number of the member's dependants has increased since the member last occupied the home. |
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b. |
The member has an acquired disability and needs to be located near rehabilitation facilities. |
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c. |
The member has an acquired disability that cannot be accommodated in the home. |
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4. |
Subclauses 2 and 3 apply even if one of these events occurs. |
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a. |
The member has been approved to live in a greater posting location and purchases a home in it using a benefit listed under subclause 1. See: Chapter 1 Part 3 Division 1 clause 1.3.52, Posting location |
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b. |
The member's marital or interdependency status changes. |
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1. |
A member may be posted to a location where they have a suitable own home. They are not entitled to housing assistance when they live at that posting location. |
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2. |
If the home stops being suitable for the member and their dependants, then the member may be eligible for housing assistance. See: |
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3. |
If the member purchases a suitable own home in their posting location, their entitlement to housing assistance stops. Exception: The CDF may decide that housing
assistance may continue until the end of the posting. |
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A member must notify the Housing Management Centre Manager if they own, buy or sell a residential property in or near their posting location. |
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Note: When a member is posted to a new location, they can notify the Housing Management Centre Manager by writing in the space provided on the DHA Application for relocation form. See: |
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A home that the definition of a suitable own home applies to is taken not to be suitable in any of the following cases. |
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a. |
The CDF has decided that the home is not suitable under Division 2 of this Part. |
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b. |
The member's own home is deemed unsuitable because it is rented out. |
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See: Division 3, Home may be unsuitable if it is rented out |
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c. |
Both the following circumstances apply. |
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i. |
The member buys a new home at the posting location. |
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ii. |
The member is to be posted out of the location within three months of buying the home. |
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Note: The effect of paragraph 7.2.9.1.c is that if the member lived in a service residence or rent allowance residence before buying their new home, the member is eligible to remain in that residence until their removal to the new posting location. |
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