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Defence Service Homes Act 1918

Defence Service Homes (Hardship) Guidelines 2018

Instrument No. M13 of 2018

I, Darren Chester, Minister for Veterans' Affairs, under subsections 20(4), 21(3) and 23(6) of the Defence Service Homes Act 1918, approve these Guidelines.

Dated this  21st  day of September 2018.

D Chester

DARREN CHESTER

Minister for Veterans' Affairs

   1. Name

These Guidelines are the Defence Service Homes (Hardship) Guidelines 2018.
   2. Commencement

    These Guidelines commence on 1 October 2018.
   3. Authority

    These Guidelines are made under subsections 20(4), 21(3) and 23(6) of the Defence Service Homes Act 1918.
   4. Definitions

    In these Guidelines:

Act means the Defence Service Homes Act 1918.

    commitments on the home means:

         (a)   mortgage instalments; and

         (b)   homeowner's insurance; and

         (c)   property rates, taxes, charges or other outgoings; and

         (d)   body corporate or retirement village management and other fees; and

         (e)   the instalments of a loan raised to pay for essential repairs; and

         (f)    if the Secretary is satisfied that another financial commitment relating to a home is extraordinarily high and it is justified to include that other financial commitment as a commitment on the home – that other financial commitment.

    income means:

         (a)   salary or wages; and

         (b)   any other income derived from employment, business or professional activities; and

         (c)   any income derived from savings, property rentals or other investments; and

         (d)   a pension or other payment made under a veterans' affairs law; and

         (e)   a pension or other payment made under the Social Security Act 1991; and

         (f)    a workers compensation payment or similar payment; and

         (g)   a superannuation payment or similar payment; and

         (h)   if the Secretary is satisfied that another amount is income and it is justified to include that other amount as income – that other amount;

       but does not include:

         (i)     an allowance or payment for a dependent child; or

         (j)     a contribution from a philanthropic organisation; or

         (k)   board paid by an immediate family member living in the principal home.

    Secretary means the Secretary of the Department of Veterans' Affairs.

    veterans' affairs law means an Act, or a provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Minister for Veterans' Affairs.
   5. Guidelines for financial hardship

   When deciding whether a person is suffering financial hardship for the purposes of section 20 or 23 of the Act, the Secretary is to have regard to:

       (a)   the hardship factors set out in section 7; and

       (b)   either:

         (i)     in the case of a person who is partnered – whether the amount of weekly commitments on the home for the person's and his or her partner's principal home is more than 30% of their combined gross weekly income; or