Division 2: Suitable Service residence

 

TAX ALERT: PACMATE Annex 3.A, item 129.

7.5.4    Suitable Service residence
7.5.5    Classification of Service residence and rent band choice accommodation
7.5.6    Members with special needs dependants
7.5.7    Members with large number of dependants
7.5.8   …

7.5.4    Suitable Service residence

1.

A home is a suitable Service residence for a member if the CDF considers that it meets all these conditions.

 

a.

It is available to the member within either of these periods.

 

i.

Six weeks after they arrive at the posting location.

 

ii.

A longer period that the CDF considers reasonable.

 

 

Note: Members are required to occupy a suitable Service residence as soon as possible after arrival in their posting location.

 

b.

It is suitable for the member and their dependants. These factors make it suitable.

 

i.

It is at the member's posting location.

See:
Definition of posting location in Chapter 7 Part 1 Division 3 clause 7.1.15.
Chapter 1 Part 3 Division 1 clause 1.3.52, Posting location – within Australia.

 

ii.

For a Service residence with a market-rent-based classification — it has the classification listed for the member's rank group in the table at clause 7.5.13.

 

iiA.

For a Service residence with an amenity-based classification — it has the classification listed for the member's rank group in the table at clause 7.5.16.

 

 

See:

Division 3, Market-rent-based classification of a Service residence

Division 4, Amenity-based classification of a Service residence

 

iii.

It has the number of bedrooms a member and their dependants need to live in. The table shows how this can be worked out.

 

iv.

In spite of subparagraphs ii and iii, a rent band choice home that the member has accepted under Division 6 is also taken to be a suitable Service residence.

See: Division 6, Rent band choice homes

 

Note 1: The presence of a member's spouse has no effect on the number of rooms needed. This is because they are taken to share with the member.

Note 2: A child in school year 7 or over has their own bedroom.

Note 3: Children of the same gender with an age difference of four or more years have separate bedrooms.

Note 4: An adult dependant who is not a spouse or interdependent partner has a separate bedroom.

Note 5: A member with dependants is eligible for a three-bedroom Service residence even when they only need two bedrooms. See subclause 7.5.27.2.

 

Item

If the member has...

and the children's ages are...

and their gender is...

then the minimum bedroom requirement is...

1.

one child

any age

any gender

2 bedrooms

See: Note 5 above

2.

two children

in school year 6 or under

the same

2 bedrooms

3.

two children

in school year 7 or over

the same

3 bedrooms

4.

two children

in school year 6 or under

different

3 bedrooms

5.

two children

in school year 7 or over

different

3 bedrooms

6.

an adult dependant who is not a spouse or interdependent partner.
Example: an elderly parent or a member's live-in carer.

2 bedrooms

 

 

See:

Clause 7.5.11, Member with dependants can choose two-bedroom home

Chapter 1 Part 3 Division 2 clause 1.3.76, Dependants

Example 1: A member has a spouse, daughters aged 14 and 11, and a son aged 6. The member's father-in-law is a recognised dependant.

The member and spouse share a bedroom.

The elder daughter is in school year 9, and gets her own bedroom.

The younger daughter is in school year 6 and the son is in school year 1. As they are different genders they get a bedroom each. (If the children were the same gender, the five year age difference would also usually mean they get a bedroom each.)

The member's father-in-law gets his own bedroom, as he is an adult dependant but not a spouse or interdependent partner.

The member requires a five-bedroom Service residence.

 

Persons who can make the decisions under subclause 7.5.4.1 and subparagraph 7.5.4.1.a.ii 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

 

2.

In assessing whether a Service residence is suitable for a member, the CDF must take account of any other factor relevant to the member's accommodation requirements.

 

Example: Factors that the CDF may take into consideration when assessing the suitability of a Service residence might include either of the following.

 

a.

The member or a dependant has accessibility requirements.

 

b.

The member needs to be located close to rehabilitation facilities.

3.

The CDF may decide that a smaller home is suitable in these cases.

 

a.

There are exceptional reasons.

 

b.

The member has chosen the smaller home.

See:
Division 3 clause 7.5.13, Rent band for a member's rank group

Division 4 clause 7.5.16, Amenity-based classification for a member's rank group

 

Example 2: In Example 1, the member moves to a posting in a very small town. There are no Service residences with five bedrooms and no homes of that size for rent in the town. The member accepts a four-bedroom Service residence. Two of the children share a room. The Service residence is considered suitable.

 

Persons who can make the decisions under subclause 7.5.4.2 and subclause 7.5.4.3 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

7.5.5    Classification of Service residence and rent band choice accommodation

1.

Service residences are classified in a number of different ways.

 

a.

A market-rent-based classification, which is based on the combination of the minimum housing standard and the market rent for a Service residence.

 

 

See: Division 3, Market-rent-based classification of a Service residence

 

b.

An amenity-based classification, which is based on the number of functional amenities at a Service residence.

 

 

See: Division 4, Amenity-based classification of a Service residence

 

c.

...

 

d.

...

2.

A market-rent-based classification may also be assigned purely on the basis of the market rent for rent band choice accommodation.

See: Division 6, Rent band choice homes

7.5.6    Members with special needs dependants

1.

A member who has a dependant with special needs may need a Service residence to be modified.

See:
Chapter 1 Part 3 Division 2 clause 1.3.82, definition of dependant with special needs
Chapter 8 Part 6 clause 8.6.12, Special accommodation needs

Example: A child in a wheelchair may be able to live in a Service residence if ramps are installed and a shower is modified.

Non example: The parents of a hyperactive child may prefer the child not to share a bedroom. However, that does not give rise to an additional bedroom entitlement.

2.

The CDF may decide that a Service residence is not suitable and cannot be modified to meet the special needs of a member's dependants. The CDF must consider these criteria.

 

a.

The nature of the special needs.

 

b.

The availability of suitable alternative accommodation.

 

c.

The cost of modifications to the Service residence.

 

d.

The cost to restore the Service residence to its original condition when the member vacates.

3.

A member who is recognised as having a dependant with special needs should write this on their 'Application for relocation' form. The member must attach a copy of their special needs recognition letter. This will alert the Defence Housing Australia so they can offer a Service residence that meets the need. (This subclause is policy guidance)

Note: Special needs assistance for housing is coordinated by the Housing Management Centre, with help from the Defence Special Needs Support Group in the Defence Community Organisation. Details can be obtained through the Family Information Network for Defence (FIND) on telephone 1800 020 031 or through the Defence Service Centre on telephone 1800 000 650. (This note is policy guidance)

 

Persons who can make the decisions under subclause 7.5.6.1 and subclause 7.5.6.2 on behalf of the CDF:

Assistant Contract Manager Relocation Services

Contract Manager Services Agreement

Assistant Contract Manager Services Agreement

Assistant Director Operations

Director Relocations and Housing

7.5.7    Members with large number of dependants

1.

This clause applies to a member with a large number of dependants. In this situation, a Service residence may not have enough bedrooms.

2.

The member may be given two Service residences to house all their dependants.

3.

The homes may be next door to each other or joined together.

4.

The member still only has to make their normal contribution.

7.5.8    ...

 

PACMAN                                                            AL12 (October 2011)                                 Chapter 7 – Part 5 Division 2 – 1