Defence Determination 2016/30, Housing, meals, Reserve Assistance Program and technical adjustments – amendment

 

I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 24 August 2016

 

 

 

L A ARNOLD

Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group

 

 

 

 

1.

This Determination is Defence Determination 2016/30, Housing, meals, Reserve Assistance Program and technical adjustments – amendment.

2.

This Determination may also be cited as Defence Determination 2016/30.

 

This Determination commences on 25 August 2016.

 

This instrument is made under section 58B of the Defence Act 1903.

 

Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination.

 

after item Part 1, insert

 

Part 1A

Flexible service determination

 

omit

 

subsection 5.3.61.2

 

insert

 

subsection 3.5.61.3

 

omit

 

June 2004

 

insert

 

June 2014


 

omit

 

weekly

 

insert

 

fortnightly

 

substitute

 

Item

If the member is…

the fortnightly rate is ($)…

1.

provided with lunch at Commonwealth expense

126.00.

2.

any other member

172.00.

 

 

omit

 

$7.00 a week

 

insert

 

$14.00 a fortnight

 

omit

 

weekly

 

insert

 

fortnightly

 

omit

 

, multiplied by two


 

substitute

 

Example: A corporal applies to live alone in member's choice accommodation. He is eligible for rent allowance. The accommodation costs $400 per fortnight. This is $100 above his rank group's fortnightly rent ceiling of $300. The corporal must pay the extra $100 each fortnight as well as the fortnightly contribution for his rank group of $150. Each fortnight he must make a $250 contribution towards his accommodation.

 

substitute

3.

A higher rent ceiling may have been approved for a member than the one published in Annex 7.E. There may also be increases in the rent ceiling determined for the member's posting location. These three examples illustrate how the member's rent allowance might need to be reassessed if this happens.

 

Example 1: A member finds a rental home for $500 a fortnight. The rent ceiling for the home is $460. A ceiling increase to $500 is approved under section 7.8.12. The following year, the rent ceiling for the location is redetermined at $520. There is no change to the member's rent allowance, because they are still renting at $500 a fortnight.

 

 

Example 2: A member finds a rental home for $500 a fortnight. The rent ceiling for the home is $460. A ceiling increase to $500 is approved under section 7.8.12. The following year, the general rent ceiling for the location is redetermined at $490. There is no change to the member's rent allowance, because their individual rent ceiling is still approved at $500 a fortnight.

 

 

Example 3: A member finds a rental home for $500 a fortnight. The rent ceiling for the home is $460. A ceiling increase is not approved under section 7.8.12. The member pays the $40 difference out of their own pocket. The following year, the rent ceiling for the location is redetermined at $500. The member no longer needs to pay the extra $40 contribution as their contribution is calculated within the ceiling.

 

See: Section 7.8.12, CDF may increase rent ceiling

 

omit

 

weekly

 

insert

 

fortnightly

 

omit

 

twice


 

substitute

 

Example table 1: Rent allowance for a member with dependants using a three-bedroom ceiling

Item

If the member is...

then the least of these amounts...

less their contribution of...

less this amount...

1.

living with dependants only

a. the actual rent.

b. the rent ceiling that applies to them.

See: Annex 7.E Part 1.1

the amount that applies for their rank group in Annex 7.D Part 1, table column 4

nil.

2.

subletting part of the property to a person who is not their dependant

a. the actual rent.

b. the rent ceiling that applies to them.

See: Annex 7.E Part 1.1

the amount that applies for their rank group in Annex 7.D Part 1 column 4

the fortnightly amount of sub-lease rent.

 

 

Example table 2: Rent allowance for a member with dependants (unaccompanied) and member without dependants

Item

If the member...

then the least of these amounts...

less their contribution of...

1.

lives alone

a. the actual rent.

b. the rent ceiling that applies to them.

See: Annex 7.E Part 2

the amount that applies for their rank group in Annex 7.D Part 2 column 2.

2.

is sharing with one other person

a. the actual rent divided by two.

b. the rent ceiling that applies to them.

See: Annex 7.E Part 3

the amount that applies for their rank group in Annex 7.D Part 2 column 3.

3.

is sharing with
two other persons

a. the actual rent divided by three.

b. the rent ceiling that applies to them.

See: Annex 7.E Part 4

the amount that applies for their rank group in Annex 7.D Part 2 column 4.

4.

lives in a boarding house

a. the actual rent.

b. the rent ceiling that applies to them.

See: Annex 7.E Part 4

the amount that applies for their rank group in Annex 7.D Part 2 column 4.

 

 

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2.

The fortnightly rate of rent allowance is worked out using the following formula.

(the fortnightly rate of rent ÷ the number of residents) – contribution

 

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Example: A member shares a house with two other members. They pay $660 rent in total and $70 each contribution a fortnight. The member's rent allowance is $150 a fortnight (that is, (660 ÷ 3) – 70). The member's itinerant adult cousin visits and stays for four weeks. The member's rent allowance is $95 a fortnight (that is, (660 ÷ 4) – 70).

 

substitute

 

the rent – (contribution + the fortnightly rate of sublease rent)

 

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2.

If an advance is approved, the member may choose the amount of the advance from this list.

 

a.

Twice their fortnightly rent ceiling.

 

b.

One month's rent in advance, if the lease allows rent to be paid by the month. This is worked out on the basis of the member's fortnightly rent ceiling. That is, fortnightly rent ceiling multiplied by 26 and divided by 12.

 

c.

Any lower figure the member nominates.

 

See: Section 7.8.46, Method of repayment

 

substitute

 

Item

If the member is…

the fortnightly rate is ($)…

1.

provided with lunch at Commonwealth expense

126.00.

2.

any other member

172.00.

 

 

substitute

 

Note: The Reserve Assistance Program provides access to mental health support services to members of the Reserves and their families to discuss work or personal issues. It is a confidential service.

 

 

omit

 

substitute

 

c.

The spouse or partner is not away from the posting location for a continuous period of more than four weeks.

Exception: Paragraph c does not apply if accompanying the member on recreation leave that the member accrued at the posting location.

1.

This section applies to a member who performed duty overseas during all or part of the period 1 July 2016 to the date of effect of this Determination.

2.

The member is entitled to benefits as if section 25 of this Determination had applied from 1 July 2016.

 

Note: A member who was entitled to benefits in respect of the period 1 July 2016 to the day before this Determination takes effect stays entitled to all benefits that lawfully applied in respect of that period.

 

 

1.

Defence Determination 2016/19, as amended to date. For previous amendments see Note to Defence Determination 2016/23 and amendments made by Defence Determinations 2016/23, 24, 25, 26, 27, 28 and 29.