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TAX ALERT: PACMATE Annex 3.A, item 131. |
7.6.37 Purpose
7.6.38 Assistance
with payments for rental home
7.6.39 Advance
payment of bond when sharing
7.6.40 Advance
to assist member with rent
7.6.41 Member
to give evidence of payment
7.6.42 Unused
advances to be repaid
7.6.43 Method
of repayment
7.6.44 Rent
paid before member moves in
7.6.45 Rent
paid after member moves out
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A member might be unable to pay the bond or other fees for securing a rental property. The member may be entitled to an advance from the Commonwealth. |
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1. |
This clause sets out assistance to a member for some costs when they enter into a lease on a rental home. The member is entitled to assistance in either of these forms. |
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a. |
An advance for these two items. (The advance must be repaid to the Commonwealth.) |
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i. |
A rental bond. |
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ii. |
A utility connection deposit. |
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See: |
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b. |
Reimbursement for costs they incur on these two items. (These amounts are not repayable to the Commonwealth.) |
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i. |
Commonwealth, State or Territory stamp duty on the lease. |
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ii. |
Fees paid to a lawyer for preparing a lease, up to a maximum of $1,000. |
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2. |
The assistance is the full amount of the payment. |
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3. |
The member may ask for assistance for only a part of an amount described in subclause 1. |
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4. |
... |
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5. |
... |
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1. |
This clause applies to a member who shares a rented home with another person and gets rent allowance. |
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2. |
The member can apply for an advance of the money they would be entitled to under clause 7.6.38. They can apply for an advance of all or part of the amount. Note: It makes no difference whether the housemates contribute equally to the bond or if one of them pays the full amount. Example: A member got each of her three housemates to give her a part of the bond money. She then paid the full amount of the bond. She asked for an advance for only her share of the bond. |
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1. |
The CDF may approve the payment of an amount to cover rent for a member who meets both these conditions. |
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a. |
They will be eligible for rent allowance for a rented home. |
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b. |
They must pay rent in advance when they lease the home. |
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2. |
If an advance is approved, the member may choose the amount of the advance from this list. |
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a. |
Four times their weekly rent ceiling. |
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b. |
One month's rent in advance, if the lease allows rent to be paid by the month. This is worked out on the basis of the member's weekly rent ceiling. That is, weekly rent ceiling multiplied by 52 and divided by 12. |
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c. |
Any lower figure the member nominates. |
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See: Clause 7.6.43, Method of repayment |
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Persons who can make the decision under subclause 7.6.40.1 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. |
A member who has been given an advance under this Part must give the Housing Management Centre Manager documents to show that they have used it for the intended purpose. |
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2. |
The documents must be provided within 14 days of entering into a lease. |
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1. |
If any part of an advance is not used for its intended purposes, the member must repay it immediately to the Commonwealth. |
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2. |
The CDF may decide that a member who received an advance has not paid or lodged it. The member must repay the advance immediately to the Commonwealth. |
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3. |
The CDF may decide that a member who received an advance for rent has not entered a lease and paid rent within a reasonable period. The member must repay the advanced amount back to the Commonwealth immediately. |
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4. |
In making a decision under subclause 3, the CDF must consider all these factors. |
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a. |
Where the posting location is. |
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b. |
The time of year. |
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c. |
Whether there is suitable accommodation available for the member's rank, status and dependants' circumstances. |
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Persons who can make the decisions under subclause 7.6.42.2 and subclause 7.6.42.3 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. |
If a member receives any advances from the Commonwealth under paragraph 7.6.38.1.a or clause 7.6.40 they must comply with all of the following conditions. |
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a. |
They must repay any advances made to them. |
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b. |
Repayments must be made by 26 fortnightly instalments. Exception: Members who make a payment under subclause 2. |
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c. |
Repayments must commence from the first payday after the commencement of the lease. |
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1A. |
If the member received an
advance before 12 June 2009 they must repay it under the previous arrangements.
These are set out in Defence Determination 2009/36. (This subclause is
guidance only) See: Defence
Determination 2009/36,
Advances and repayments – amendment |
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2. |
The member may choose to repay the balance of any advances to the Commonwealth as a single payment before the end of the 26 payments. |
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3. |
If the member does not repay the full advance within the first 12 months of the lease commencing, the balance is be recovered in accordance with Chief Executive Instruction 5.1, Debt Management. See: Chief Executive Instruction 5.1, Debt Management |
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4. |
On termination of a lease the member may get a refund of a rental bond or utility connection deposit. The following table shows the amount that a member must repay in this situation. |
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Item |
If a member has... |
they... |
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1. |
fully repaid the Commonwealth within the first 12 months of the lease commencing |
are entitled to keep the refund. |
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2. |
a lease of less
than 12 months |
must repay any outstanding amounts to the Commonwealth when the member gets a refund through the State or Territory rental board or utility provider. |
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3. |
broken the lease within the first 12 months of the lease commencing |
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4. |
a lease of 12 months or less and does not receive a refund |
must repay any outstanding amount of the advance to the Commonwealth within 12 months of the lease commencing. |
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5. |
If the member gets any interest on bond money refunded to them, they must make a payment to the Commonwealth. The amount of the payment is the portion of interest corresponding to the period and amount of the advance. |
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1. |
A member may be reimbursed an amount they pay for rent for a home before they move into it. They must meet all of these conditions. |
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a. |
They will be entitled to rent allowance for the home. |
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b. |
They and their dependants cannot move into the home immediately for reasons related to their service or removal. |
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c. |
Pre-paying rent to secure the home means the Commonwealth will save on the cost of the removal and temporary accommodation. Example: The Commonwealth will be able to remove the member's property direct to the new home, avoiding the need to remove it to and from a storage facility. |
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d. |
Rent has been paid to secure the home. |
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Example: A member is posted to a new location. They are informed that they are eligible for rent allowance. They find a home to rent on a house-hunting trip and sign a lease for the rented home three weeks before the date they are due to arrive in their posting location. They have to do this to secure the new home. They will get rent allowance for those three weeks. |
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2. |
The member is entitled to be reimbursed the lesser of their actual rent paid or their rent ceiling for the home for the following periods. |
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a. |
Six weeks, if their furniture or effects are in transit or delivery is delayed. Exception: If the delay is caused by the member's own actions. |
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b. |
Three weeks, in all other cases. |
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1. |
This clause applies to a member who is entitled to rent allowance and must move out of their home for any of these reasons. |
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a. |
The lease is terminated for Service reasons. |
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b. |
They must move into a Service residence. |
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c. |
The CDF decides the home is unsuitable because the number or needs of the member's dependants have changed. |
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d. |
The CDF decides that there are serious health, safety or security concerns if the member or their dependants stay at the home. Example: The rental home has been damaged by fire. |
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The member is entitled to be reimbursed the lesser of these amounts. |
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a. |
The rent for the home. |
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b. |
The member's rent ceiling for the home. |
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3. |
The payment in subclause 2 is made for this period. |
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a. |
The period starts the day the member moves out of the home. |
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b. |
The period ends the day their obligation to pay rent for it ends. |
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3A. |
If the member forfeits all or part of the bond for other costs, they are entitled to be reimbursed for the amount forfeited. Examples: Advertising or bond inspection costs. |
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4. |
This clause does not apply if a member buys a home. |
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Persons who can make the decisions under p 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 |