Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p107
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 107/153)
Character Range: 1421386–1426033

a.                                                                                                                                                                  The member was not eligible for an allowance.
    b.                                                                                                                                                                  The member was eligible for an allowance and the costs are more than the allowance would have paid.
4.  The CDF must consider all these criteria.
    a.                                                                                                                                                                  What the money was spent on.
    b.                                                                                                                                                                  The circumstances under which the money was spent.
    c.                                                                                                                                                                  How the member continues to benefit from the goods and services.
    d.                                                                                                                                                                  Any other factor relevant to the costs.

Chapter 7: ADF housing and meals

Part 1: General information and indexes

7.1.1 Purpose

1.  This Chapter provides housing and meal benefits to members who are posted to locations within Australia.
2.  Housing assistance helps members handle the hardships caused by the need to move location regularly or at short notice.

7.1.2 Definitions

   In this Chapter the following apply.
   HPAS means the home purchase assistance scheme.
   HPSEA means the home purchase or sale expenses allowance.

Division 1: Introduction

7.1.5 Purpose

   The purpose of this Division is to outline these issues.
   a.                                                         The types of assistance a member can get to pay their housing and meal costs.
   b.                                                         Who is eligible for housing assistance.
   c.                                                         The kinds of accommodation a member may choose.

7.1.6 Eligibility for housing assistance

   Housing assistance may be given to a member who needs suitable accommodation and does not have a suitable own home in their housing benefit location. The choice and type of suitable accommodation will depend on the member's category.

7.1.7 Allowance not payable

   A member is not eligible for an allowance or reimbursement under this Chapter for any period they are not eligible for salary, unless any of the following apply.
   a.                                                                                                                                                                 The CDF has approved payment of an allowance during all or part of a period of leave without pay under subsection 5.10.6.2 or 7.8.34.3.
   b.                                                                                                                                                                 The member is subject to a flexible service determination and the member is not eligible for salary only for the reason that it is a nonworking day in their pattern of service.

7.1.8 Discretion in special circumstances

1.  A member is eligible for a benefit under this Chapter if the CDF is satisfied of all the following.
    a.                                                                                                           The member does not meet the eligibility criteria to receive the benefit.
    b.                                                                                                           The reason the member does not meet the eligibility criteria is beyond their control.
    c.                                                                                                           It is reasonable in the circumstances to provide the member the benefit.
    d.                                                                                                           Providing the benefit is consistent with the purpose of the benefit.
2.  The benefit under subsection 1 must not exceed what an eligible member would receive for the same benefit.

Division 3: Definitions and key concepts

7.1.14 Definitions

   In this Chapter the following apply.
   Agent means a person or organisation who is doing one of the