Division 5: Events that will end or limit entitlement

 

TAX ALERT: PACMATE Annex 3.A, item 130.

7.6.28   Member moves to other suitable accommodation
7.6.28A  Rent allowance on deployment
7.6.28AB Insurance for members who are away (This clause is policy guidance)
7.6.28B  ...
7.6.29   Member with less than 12 months until ceasing continuous full-time service
7.6.30   Dependants removed before member ceases full-time service
7.6.31   Member on leave without pay
7.6.32   Member on part-time leave without pay
7.6.33   Dependants not at a rented home
7.6.34   Member dies
7.6.35   Rent allowance audit
7.6.36   Member who fails to respond to audit

7.6.28   Member moves to other suitable accommodation

1.

This table shows when a member's entitlement to rent allowance ends.

Note: In some cases, the home that a member purchases will not be suitable. Owning the home will not affect eligibility for rent allowance.

See: Part 2, Suitable own home.

 

Item

If the member is...

and they get...

then their rent allowance ends on the earliest of these dates...

1.

a member with dependants

a. a suitable own home

i. Three months after the date they buy the house.

ii. One week after settlement.

iii. A later date that the CDF considers reasonable, if satisfied that the member is unable to be removed to the home within the time limits in table item 1.a.ii., for reasons that are beyond the member's control.

b. a suitable Service residence

i. One month after the day the member accepted the Service residence.

ii. The day the member moves into the Service residence.

iii. A later date that the CDF considers reasonable after considering the facts in subclause 2 below.

2.

a member with dependants (unaccompanied) at the gaining location

a. a suitable own home in the gaining location

i. Three months after the date they buy the house.

ii. One week after settlement.

iii. A later date that the CDF considers reasonable, if satisfied that the member is unable to be removed to the home within the time limits in table item 2.a.ii., for reasons that are beyond the member's control.

b. a surplus Service residence

i. One month after the day the member accepted the Service residence.

ii. The day the member moves into the Service residence.

iii. A later date that the CDF considers reasonable after considering the facts in subclause 2 below.

Note: Rent allowance continues for the member's dependants in their location.

c. suitable living-in accommodation

i. One month after the day the member accepted the living-in accommodation.

ii. The day the member moves into the living-in accommodation.

iii. A later date that the CDF considers reasonable after considering the facts in subclause 2 below.

Note: Rent allowance continues for the member's dependants in their location.

2A.

a member with dependants (unaccompanied)

a. a suitable own home in their dependants' location

i. Three months after the date they buy the house.

ii. One week after settlement.

iii. A later date that the CDF considers reasonable, if satisfied that the dependants are unable to be removed to the home within the time limits in table item 2.a.ii., for reasons that are beyond the member's control.

b. a Service residence for their dependants

i. One month after the day the member accepted the Service residence.

ii. The day the dependants move into the Service residence.

iii. A later date that the CDF considers reasonable after considering the facts in subclause 2 below.

3.

a member without dependants

a. a suitable own home

i. Three months after the date they buy the house.

ii. One week after settlement.

iii. A later date that the CDF considers reasonable, if satisfied that the member is unable to be removed to the home within the time limits in table item 3.a.ii., for reasons that are beyond the member's control.

b. a surplus Service residence

i. One month after the day the member accepted the Service residence.

ii. The day the member moves into the Service residence.

iii. A later date that the CDF considers reasonable after considering the facts in subclause 2 below.

c. suitable living-in accommodation

i. One month after the day the member accepted the living in accommodation.

ii. The day the member moves into the living in accommodation.

 

2.

Before making a decision referred to in items 1.b.iii., 2.b.iii., 2.c.iii, 2A.a.iii, 2A.b.iii or 3.b.iii of the table, the CDF must consider all these facts.

 

a.

How much time is left in the member’s posting to that location.

 

b.

The cost of a removal to the new accommodation.

 

c.

How long the member will need to move out of the rented home. This includes any notice period needed under their lease.

 

d.

Whether the member has included a release clause in the lease that allows them to end it with one month's notice.

 

e.

Any other fact relevant to the member’s accommodation.

 

Persons who can make the decisions under subclause 7.6.28.1 on behalf of the CDF:

A person not below WO2(E)/APS 4 who is:

-      Team Leader in the Housing Management Centre (HMC)

-      Relocations Manager in the Housing Management Centre

-      Housing Management Centre Manager

-      National Operations – Removals Manager

-      National Operations – Vacancy/Allocations Manager

-      National Relocations Manager

Staff Officer – Housing and Accommodation

Executive Officer – Relocations, Dependants and Housing

Assistant Director Entitlements

Director Entitlements

7.6.28A  Rent allowance on deployment

1.

This clause applies to a member who meets all the following conditions.

 

a.

The member is receiving rent allowance.

 

b.

The member is a member without dependants or a member with dependants (unaccompanied).

 

c.

The member is deployed for six months or longer.

 

 

Exception: A member who meets all the following requirements.

 

i.

The member is deployed for a period of less than six months.

 

ii.

While deployed, the member's deployment is extended.

 

iii.

The total period of a member's deployment is six months or longer.

2.

A member may choose between the following options.

 

a.

To keep the rental accommodation for the period of the member's deployment.

 

b.

To leave the rental accommodation.

Related Information: A member who chooses to leave rental accommodation becomes entitled to a range of removal and storage conditions. Summaries are in clauses 17.5.13 (for warlike deployments) and 17.7.13 (for non-warlike deployments).

See: Chapter 17
Part 5 Division 1 clause 17.5.13, Member living out
Part 7 Division 1 clause 17.7.13, Member living out

3.

The choice in subclause 2 must be in writing to the member's Housing Management Centre Manager and made before the member is deployed.

4.

A member who fails to make a choice under subclause 2 is taken to have chosen to keep their rental accommodation.

5.

A member who chooses to leave rental accommodation is entitled to be reimbursed reasonable costs associated with breaking the lease.

7.6.28AB Insurance for members who are away (This clause is policy guidance)

 

Household insurance may not provide cover while a member is away for long periods. Members are advised to confirm their situation with their insurance company.

7.6.28B  ...
7.6.29   Member with less than 12 months until ceasing continuous full-time service

1.

This clause applies to a member with dependants who meets all these conditions.

 

a.

They are entitled to rent allowance.

 

b.

They are posted to a new location when there is less than 12 months until they cease continuous full-time service.

 

c.

Either of the following happens.

 

i.

They are granted a removal of their dependants to the new location.

 

ii.

They choose to leave their dependants at the losing location.

2.

The member is entitled to rent allowance for the home their dependants live in. The entitlement ends on the earlier of these dates.

 

a.

The day the dependants move out of the rented home.

 

b

The day the member ceases continuous full-time service.

7.6.30   Dependants removed before member ceases full-time service

1.

This clause applies to a member with dependants who meets both these conditions.

 

a.

They will cease continuous full-time service within the next 12 months.

 

b.

They are given a removal for their dependants before they cease continuous full-time service. The removal is to the location where they and their dependants will live after ceasing continuous full-time service.

See: Chapter 6 Part 6 Division 6, Removal on ceasing continuous full-time service.

2.

The member is entitled to rent allowance for the home their dependants live in. The entitlement ends on the earliest of these dates.

 

a.

The day the member buys a home at the location.

 

b.

The day the dependants move out of the rented home.

 

c.

The day the member ceases continuous full-time service.

7.6.31   Member on leave without pay

1.

A member is not entitled to rent allowance while they are on leave granted under Chapter 5 Part 8 Division 1, Leave without pay.

Related Information: Chapter 5 Part 8 Division 1, Leave without pay.

2.

This clause does not apply to a member on one of these kinds of leave.

 

a.

Part-time leave without pay.

 

b.

Maternity leave.

 

c.

Parental leave.

3.

The CDF may decide that the member was granted the leave without pay for exceptional reasons. In this case, they may be entitled to rent allowance in the normal way.

 

Persons who can make the decision under subclause 7.6.31.3 on behalf of the CDF:

Assistant Director Entitlements

Director Entitlements

7.6.32   Member on part-time leave without pay

1.

This clause applies to a member who meets both these conditions.

 

a.

They are on part-time leave without pay.

 

b.

They are entitled to rent allowance.

2.

This table sets out the rates of contribution that the member must pay toward the cost of rent during their part-time leave without pay.

 

Item

If the member's part-time leave without pay each fortnight is...

they must pay...

1.

more than nine days

150% of the rate set for their rank and circumstances in Annex 7.A3.

2.

nine days or less

the rate set for their rank and circumstances in Annex 7.A3.

 

 

Note: Leave for a fortnightly pay period includes the four weekend days in the pay period. This makes a total of nine days of leave and five days at work for the fortnight.

3.

The CDF may decide that the member was granted the part-time leave without pay for exceptional reasons. In this case, they may be entitled to rent allowance in the normal way.

 

Persons who can make the decision under subclause 7.6.32.3 on behalf of the CDF:

Assistant Director Entitlements

Director Entitlements

7.6.33   Dependants not at a rented home

1.

This clause applies if a member's dependants will no longer live with the member in a rented home.

2.

The member's entitlement to rent allowance as a member with dependants for that home ends on the earlier of these dates.

 

a.

The day the member and dependants move out of the home.

 

b.

One month after the day the dependants stop living at the home.

3.

If a member's dependant dies and they become a member without dependants, the member's entitlement to rent allowance as a member with dependants for that home continues until the earlier of these dates.

 

a.

The day the member moves out of the home.

 

b.

Three months after the day the requirement to house dependants ends.

 

Example: A member becomes a member without dependants because their spouse dies and they have no children.

4.

The member may become eligible for rent allowance for that rented home (or another one) as a member without dependants.

See: Division 1 clause 7.6.5, Member entitled and period of entitlement.

7.6.34   Member dies

1.

This clause applies if a member dies while they are entitled to rent allowance for the home they or their dependants live in.

2.

If the member's dependants were living in the home, the dependants continue to get rent allowance until the latest of these dates.

 

a.

The day they move out of the home.

 

b.

If they continue to live in the home –– six months after the day the member died.

 

c.

A day more than six months after the member's death that the CDF determines is reasonable. The CDF must consider all these criteria.

 

i.

The dependants' personal circumstances.

 

ii.

Their accommodation needs.

 

iii.

Availability of other rental homes in the location.

 

iv.

Any other factor relevant to the dependant's accommodation.

2A.

If the member was living at the posting location without dependants, rent allowance will be paid to the person who is to pay the member's rent until the earliest of these dates.

 

a.

28 days following the member's death.

 

b.

The date the lease ends.

 

Example: The member's executor pays the member's rent to allow time for the family to collect the member's belongings.

2B.

If the CDF determines it is reasonable, the CDF may approve a date beyond the earlier of the two dates in subclause 2A.

3.

The rent allowance is at the rate and contribution that applied to the member.

Note: The Housing Centre Manager will contact the dependant to arrange continued payment of rent allowance.

 

Note: The Housing Centre Manager will contact the dependant, the next of kin or the executor of the estate to arrange continued payment of rent allowance.

 

Persons who can make the decision under paragraph 7.6.34.2.c and subclause 7.6.34.2B on behalf of the CDF:

Assistant Director Entitlements

Director Entitlements

7.6.35   Rent allowance audit

1.

Each member’s rent allowance may be audited one or more times in each posting cycle.

2.

The purpose of the audit is to check that the member is getting the amount of rent allowance they are entitled to. It checks facts including the address in the posting location and the number of dependants or other residents.

3.

To start an audit, the Housing Management Centre Manager must take both these steps.

 

a.

Write to the member to seek confirmation of information the Manager needs to make the checks.

 

b.

If the member does not respond, give written notice to the member's unit that the member is to be audited.

4.

The member must respond within 14 days of receiving the Housing Management Centre Manager's letter. The response must be in writing.

5.

The member may be absent from the location at the time of the audit. The audit must then be suspended until the member returns.

6.

This suspension lasts until the Housing Management Centre Manager gets written notice that the member is in the posting location.

7.6.36   Member who fails to respond to audit

1.

This clause applies to a member who meets both these conditions.

 

a.

The member has been asked to provide review information by the Housing Management Centre Manager under clause 7.6.35.

 

b.

The member does not provide the information within 14 days of receiving the letter.

See: Subclause 7.6.35.4.

2.

The member's entitlement to rent allowance will cease. The allowance may start again when the information is provided in writing.

Exception 1: If subclause 7.6.35.5 applies to the member.

Exception 2: If the Housing Management Centre Manager is satisfied that the member has reasonable grounds for not responding in the time provided.

 

PACMAN                                                             AL12 (October 2009)                                 Chapter 7 – Part 6 Division 5 – 1