Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p55
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 55/293)
Character Range: 1927611–1935039

housing benefit location.

7.8.11 No rent ceiling set for location

1.   This section applies to a member who lives in a location where a rent ceiling has not been determined.
1A.  The member's rent ceiling is the same amount as their rent contribution.
2.   A member who cannot rent a home in their housing benefit location for less than the rent ceiling in subsection 1 is eligible for a higher rent ceiling set by the CDF if the CDF approves it after considering all of the following.
     a.                                                                                                                                                                                                                                     Market rents at the location.
     b.                                                                                                                                                                                                                                     Whether there are suitable homes to rent in the location.
     c.                                                                                                                                                                                                                                     The number, age, gender and circumstances of the member's resident family.

7.8.11A Rent ceiling for certain members of the Navy

   A member's rent ceiling is the rent ceiling that applied immediately before their primary service location was 2 Commando Regiment if the member meets all of the following.
   a.                                                                                                                                                                            They are a member of the Navy.
   b.                                                                                                                                                                            Their primary service location is 2 Commando Regiment.
   c.                                                                                                                                                                            Immediately before their primary service location was 2 Commando Regiment, both of the following applied.
                                                                                                                                                                                 i.                                                                                                                                                                                                              Their housing benefit location was in Sydney.
                                                                                                                                                                                 ii.                                                                                                                                                                                                             They occupied accommodation for which rent allowance was provided under this Part.
   d.                                                                                                                                                                            They are granted an extension of their housing benefit location under section 1.3.11 to include the location where the member lived immediately before 2 Commando Regiment was their primary service location.
   e.                                                                                                                                                                            They continue to live in the accommodation they occupied immediately before 2 Commando Regiment was their primary service location.

7.8.12 CDF may increase rent ceiling

1.  A member may have their rent ceiling increased if the CDF is satisfied that the member cannot rent a home at their housing benefit location for less than their rent ceiling for one of these reasons.
    a.                                                                                                                                                                                                      Market rent at the location has increased unusually or suddenly.
    b.                                                                                                                                                                                                      The member's resident family or recognised other persons have particular housing needs and the member cannot find a suitable rental home that meets those needs within their rent ceiling.
    c.                                                                                                                                                                                                      The member is a member who has unaccompanied resident family and no accompanied resident family and cannot rent a home and sufficient furniture for it within the rent ceiling.
    d.                                                                                                                                                                                                      The member has specific housing needs during rehabilitation or as a result of an acquired disability, which can include, but are not limited to, any of the following.
                                                                                                                                                                                                            i.                                                                                                                                                                                          Location of the rental home in relation to rehabilitation facilities.
                                                                                                                                                                                                            ii.                                                                                                                                                                                         Additional room for a live-in carer.
                                                                                                                                                                                                            iii.                                                                                                                                                                                        Accessibility of the accommodation.
2.  For paragraph 1.b, the CDF must consider all these criteria.
    a.                                                                                                                                                                                                      The number, age, and gender of the member's resident family.
    b.                                                                                                                                                                                                      Any disability