Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p115
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 115/153)
Character Range: 1463732–1468302

broken down and all of the following apply.
                                                                                       i.                                                                                                                                                                                                                                                                                                          The member's partner lives in the home.
                                                                                       ii.                                                                                                                                                                                                                                                                                                         The member is unable to live in the home because of subparagraph i.
                                                                                       iii.                                                                                                                                                                                                                                                                                                        The member is not receiving rent for the home from their partner.
    d.                                                                                 All of the following apply.
    i.                                                                                 A qualified person has certified the home as uninhabitable, or recommended it not be lived in.
    ii.                                                                                The member, their resident family or a recognised other person are likely to suffer a serious injury or illness if they remain in the home.
    iii.                                                                               The member, their resident family or a recognised other person will not benefit from an insurance policy or compensation scheme intended to assist the member with replacement housing or remedy a problem.
    iv.                                                                                The CDF is satisfied that the reason the home has been certified as uninhabitable, or recommended it should not be lived in, is not due to the failure of the member to take reasonable steps to prevent the home from becoming uninhabitable or a qualified person recommending the home not be lived in.
    e.                                                                                 Seven days before the settlement of the contract for the sale of a suitable own home.
    f.                                                                                 Both of the following apply.
    i.                                                                                 The member commenced action to sell the home before the member arrived in the housing benefit location.
    ii.                                                                                The CDF is satisfied that the member continues to take reasonable steps to sell the home.
    g.                                                                                 The member has unaccompanied resident family and the home is in their housing benefit location.
2.  In this section, partner includes a former partner.

7.2.13 Member's home is outside the housing benefit location

   A member's own home is not a suitable own home if it is outside the housing benefit location or family benefit location.

Division 3: Home may be unsuitable if it is rented out

7.2.14 Purpose

   This Division sets out how a member's own home may be deemed to be unsuitable because it is rented out and the member cannot get vacant possession. The member may be eligible for housing assistance under Part 4, 6 or 8 of this Chapter.

7.2.15 Member to include release clause in lease

1.  A member who rents out their own home must include a release clause in a fixed-term lease if State or Territory legislation permits it.

    Note: This includes seeking approval by a Residential Tenancy Tribunal or a similar body, if necessary.
2.  A member who leases their own home for longer than 12 months and choose not to include a release clause in the lease is not eligible for housing assistance when that own home is in the member's housing benefit location or family benefit location.

    Note 1: Housing assistance may be