Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p114
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 114/153)
Character Range: 1458734–1465090

b.                                                                                                                                                                                                                                         The member's relationship status changes.

7.2.9 When a member's home is unsuitable

   A home is not a suitable own home if any of the following apply.
   a.                                                                                                                                                                                                                                         The CDF has decided that the home is not suitable under Division 2 of this Part.
   b.                                                                                                                                                                                                                                         The member's own home is deemed unsuitable because it is rented out.
   c.                                                                                                                                                                                                                                         All of the following circumstances apply.
                                                                                                                                                                                                                                              i.                                                                                The member buys a new home in their housing benefit location.
                                                                                                                                                                                                                                              ii.                                                                               The location will no longer be the member's housing benefit location within 3 months of buying the home.
   Note:  If the member lived in a Service residence or residence that the member receives rent allowance for before buying their new home, the member can remain in that residence until their removal to the new housing benefit location.

Division 2: Home becomes unsuitable

7.2.10 Purpose

   This Division sets out when a member's suitable own home may cease to be suitable. This may create an eligibility for housing assistance under Part 4, 6 or 8 of this Chapter.

7.2.11 Member required to live in tied, appointment or assigned residence

1.  This section applies to a member who is required by their Service to occupy a particular Service residence.
2.  If the member owns a home at the housing benefit location, it is not a suitable own home. The member may not live in it during the period they are required to occupy the particular Service residence.
3.  The member may live in their own home in the housing benefit location if the CDF is satisfied it is reasonable.
4.  For approval under subsection 3, the CDF must consider the following factors.
    a.                                                                                                                                                                                                       Whether the residence is suitable for the member's representative duties.
    b.                                                                                                                                                                                                       The location of the residence.
    c.                                                                                                                                                                                                       The impact on any other members.
    d.                                                                                                                                                                                                       Any additional cost to the Commonwealth.
5.  A home that is approved by the CDF under subsection 3 is taken to be the member's suitable own home.

7.2.12 A member's home is not suitable

1.  A member's home is not a suitable own home in any of the following circumstances.
    a.                                                                                 The home does not have the minimum number of prescribed bedrooms under subsection 7.2.5.1A.
    b.                                                                                 The member, their resident family or a recognised other person has medical needs that the home cannot meet and the CDF is satisfied that it is not reasonably practicable to modify the home to meet the medical needs.
    c.                                                                                 The member's relationship has 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