Health Policy Library

Source URL: https://clik.dva.gov.au/health-policy-library

Alcohol and Drug Problems

 

Click on the link below to take you to the Your Health and Alcohol page on the DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/health-and-treatment/work-and-social-life-programs/help-alcohol-and-drug-problems

 

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/alcohol-management-project

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Anaesthetists

 

Click on the link below to take you to the Fee Schedules Page on the DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/providers/fees-and-payments/fees-schedules

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/anaesthetists

Chiropractic

 

Click on the link below to take you to the Chiropractic Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/providers/what-you-need-know/rules-providers/rules-allied-health-care-providers

 

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Source URL: https://clik.dva.gov.au/health-policy-library/chiropractic

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Clinical Counselling

 

Click on the link below to take you to the Clinical Counsellors Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/providers/what-you-need-know/rules-providers/rules-allied-health-care-providers

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/clinical-counselling

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Clinical Psychology

 

Click on the link below to take you to the Clinical Psychology Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/providers/what-you-need-know/rules-providers/rules-allied-health-care-providers

 

Source URL: https://clik.dva.gov.au/health-policy-library/clinical-psychology

Last amended

Community Nursing

Click on the link below to take you to the Community Nursing Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

http://www.dva.gov.au/providers/community-nursing

 

Source URL: https://clik.dva.gov.au/health-policy-library/community-nursing

Crisis Assistance Time out Program

Click on the link below to take you to the Crisis Assistance Time out Program DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

http://www.dva.gov.au/health_and_wellbeing/health_programs/vvcs/services/crisis/Pages/index.aspx

Source URL: https://clik.dva.gov.au/health-policy-library/crisis-assistance-time-out-program

Dental

 

Click on the link below to take you to the Dental Specialists Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/health-and-treatment/injury-or-health-treatments/health-services/dental-care/dental-services

 

Source URL: https://clik.dva.gov.au/health-policy-library/dental

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Dietetics

 

Click on the link below to take you to the Dietetics Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/health-and-treatment/injury-or-health-treatments/health-services/dietetic-services

 

Source URL: https://clik.dva.gov.au/health-policy-library/dietetics

Last amended

Discharge Planning Resource Kit

Click on the link below to take you to the DVA Discharge Planning Resource Kit DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

http://www.dva.gov.au/service_providers/hospitals/Pages/discharge_planning.aspx

Source URL: https://clik.dva.gov.au/health-policy-library/discharge-planning-resource-kit

F111 Deseal/Reseal

Click on the link below to take you to the F111 Fuel Tank Maintenance Workers website.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

http://f111.dva.gov.au/health.htm

Source URL: https://clik.dva.gov.au/health-policy-library/f111-desealreseal

General Practitioners (GP)

 

Click on the link below to take you to the General Practitioners (GP) Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/health-and-treatment/injury-or-health-treatments/health-services/general-practitioner-and-medical

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/general-practitioners-gp

Last amended

Medical Benefits for Services by Optometrists

 

The link below will take you to the Optical Services and Supplies page on the DVA website”.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/health-and-treatment/injury-or-health-treatments/health-services/optical-services

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/medical-benefits-services-optometrists

Mental Health Project

 

Click on the link below to take you to the Mental Health Project DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/documents-and-publications/mental-health-strategy

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/mental-health-project

Last amended

Occupational Therapy

 

Click on the link below to take you to the Occupational Therapy Index Page DVA web site.

Note for DVA staff - If the link does not work, make sure you have your Internet browser open.

https://www.dva.gov.au/health-and-treatment/injury-or-health-treatments/health-services/occupational-therapy

 

Source URL: https://clik.dva.gov.au/health-policy-library/occupational-therapy

Last amended

1 Introduction

The purpose of the Defence Service Homes (DSH) Scheme is to provide assistance to serving and former members of the Australian Defence Force who, through their service, have been placed at a disadvantage compared with other members of the Australian community in acquiring a home.

These guidelines set out the specific requirements for determining eligibility in respect of each conflict and the types of peacetime service.  In addition, topics which are relevant to all periods of qualifying service are listed separately.

Assistance under the Defence Service Homes Act 1918 (“the Act”) is limited to persons who:

(a) come within the definition of 'Eligible person' as set out in s.4 of the Act, or are the spouses or de facto partners of eligible persons who are temporarily or permanently insane [para.18(1)(a)];

(b) satisfy the Secretary that they or their spouse or de facto partner as the case may be are not the owners of any other house;

(c) intend to use the house as a home for themselves and their dependants except where nursing sisters intend to use the property as a hospital, sanatorium or nursing home;

(d) do not have outstanding liabilities under the War Service Land Settlement Scheme.

Assistance is not available to persons who received a cash grant or a payment instead of a cash grant from the Government.

A decision refusing to issue a notice of eligibility is a reviewable decision as defined in section 4 of the Act.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction

1.1 DSH Legislation

Subsection 15 (1)  A person may apply to the Secretary for any of the following:

(a) a notice of eligibility;

...

Subsection 16(1)  Where, on application by a person for a notice of eligibility, the Secretary is satisfied that the applicant is an eligible person, the Secretary shall issue to the applicant a notice of eligibility.

Subsection 16(2)  A notice of eligibility shall state that the person named in the notice is, on the date of the notice, an eligible person.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction/11-dsh-legislation

1.2 Qualifying Service for Eligibility

Eligibility for assistance under the DSH Act is based on  performing service in connection with various specified conflicts or in peacetime.  The following table outlines the types of service and their relevant time-frames for the purposes of eligibility.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction/12-qualifying-service-eligibility

1.2.1 War Service/Operational Service/Warlike Service

4-8-1914 to 31-8-1921FIRST WORLD WAR

3-9-1939 to 30-6-1951SECOND WORLD WAR (incl BCOF)

27-6-1950 to 31-8-1957KOREA

18-4-1956 to (ongoing)KOREA (DMZ)

28-4-1952 to 19-4-1956JAPAN

29-6-1950 to 31-8-1957MALAYA/SINGAPORE

2-7-1955 to 27-5-1963FAR EAST STRATEGIC RESERVE

1-9-1957 to 27-5-1963MALAYA/SINGAPORE

25-1-1962 to 29-1-1962VIETNAM (HMAS VAMPIRE & QUICKMATCH)

31-5-1962 to 31-8-1968NORTH EAST THAILAND (incl UBON)

31-7-1962 to 11-1-1973SOUTH EAST ASIA

(comprises Sth Vietnam, Northern Malaya, Sarawak, Brunei, Sabah, Malay Peninsula, Singapore, and associated waters as defined.)

12-1-1973 to 29-4-1975SOUTH VIETNAM

18-2-1989 to 10-4-1990NAMIBIA

2-8-1990 to 9-6-1991 GULF CRISIS (SURROUNDING WATERS)

23-2-1991 to 9-6-1991  KUWAIT / IRAQ

20-10-1991 to 7-10-1993CAMBODIA

12-1-1992 to 24-1-1997THE FORMER YUGOSLAVIA

20-10-1992 to 30-11-1994SOMALIA

16-9-1999 continuingEAST TIMOR

11-10-2001 continuingWAR ON TERRORISM (Afghanistan etc)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction/12-qualifying-service-eligibility/121-war-serviceoperational-servicewarlike-service

1.2.2 Peacetime Service

7-12-1972 NATIONAL SERVICEMAN serving on 7-12-1972 and completed his term of appointment.

7-12-1972 to 14-5-1985REGULAR SERVICEMAN serving on or after 7-12-1972: needs 3 years service as defined.

Service commencing on or after 17-8-1977 needs 6 years service plus ongoing service as defined.

Service after 14-5-1985 needs 6 years service plus ongoing service as defined, as well as first serving in ADF on or before 14-5-1985.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction/12-qualifying-service-eligibility/122-peacetime-service

1.3 Policy

The legislation provides that where the delegate is satisfied that the applicant for a notice of eligibility is an eligible person, the delegate shall issue a notice certifying that, on the date of issue, the applicant was an eligible person.

An application for a Notice of Eligibility shall be in writing. A Notice of Eligibility will be in the form of a letter (Form S3) as approved by the Secretary.  The delegate's decision as to whether a person is an eligible person should be recorded on a Form S4 and in CELS.

In cases where service details are to be obtained from the Department of Defence, it is a requirement that the written consent of the applicant to the disclosure of the information is obtained beforehand.

Decisions refusing to issue a notice of eligibility are reviewable decisions within the meaning of the DSH legislation and reference should be made to GENERAL ORDERS - ADMINISTRATIVE FRAMEWORK & DECISION MAKING - Chapter 9 in particular.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction/13-policy

1.3.1 Dependants

A dependant (as defined) is an eligible person in her/his own right.  Eligibility arises on the death of the person who has performed the qualifying service.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/eligibility/1-introduction/13-policy/131-dependants

Administrative Framework

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework

10.1 Introduction

In general terms the Bankruptcy Act 1966 :

  • gives the Official Trustee the right to undertake an investigation of the debtor's estate and to distribute the assets fairly among the creditors;
  • enables the bankrupt to be released from the burden of his or her debts, to be rehabilitated and, after discharge from bankruptcy, to permit him or her to start afresh;
  • protects the interests of the general community and to maintain a general morality within the community.

The legal system provides a variety of means by which a creditor can enforce judgement. This includes the securing of the assistance of the Sheriff in seizing objects in which the judgement debtor has an interest and selling them in order to satisfy the judgement. The sale is conducted under what is known as a writ of fieri facias. If the debt is over a certain prescribed amount, the Sheriff may levy and sell the right, title and interest in a debtor's property.

The DSH Act is the only legislation that overrides the operation of a judgement order.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/101-introduction

3.1 General Principles

There are no secrecy provisions in the legislation, but staff have an obligation to respect the confidential nature of a client's dealings with DSH. Moreover, the Public Service Act and the Crimes Act prohibit the disclosure of information except in the course of official duty. The Privacy Act 1988 also limits the disclosure of personal information.

As a general policy therefore, no particulars of a client's dealings with DSH and no part of the contents of a DSH file are to be disclosed to any person other than the client or the Bank without his/her specific written authority, or, where the client(s) is deceased, his/her legal personal representative. (see Exchange of Information with Westpac, GO 3.2 this chapter). Likewise, some information about a client's service is not to be obtained from the Department of Defence without his/her written consent. Some disclosures of personal information are permitted by the Privacy Act and access to some information in documentary form can be sought under the FOI Act.

Care should also be taken to ensure, in the case of a joint tenancy or tenancy in common, that personal information which is properly confidential to one party is not disclosed to the other party.  In every case the disclosure of any information will be at the discretion of a senior officer who will also ensure that classified matter is not disclosed.

The delegate may authorise the disclosure of information without the authority of the client or his/her representative to the following departments or organisations, provided the delegate is satisfied that the information is relevant to their particular function or statutory responsibility and, provided the request, stating the reasons for requiring the information, is made in writing:

  • Taxation Office;
  • Commonwealth Department of Social Security. (In addition, if information obtained in the course of investigations carried out into a client's financial circumstances reveals that they are receiving assistance from the Department of Social Security to which they are not entitled, the full circumstances shall be made known to that Department);
  • The Official Receiver in Bankruptcy;
  • The Commonwealth Ombudsman (or his representative in a State);
  • Any Court (upon service of an order or subpoena). However, where the delegate considers there are grounds for the Minister to claim Crown privilege, this aspect should be investigated before delivering the subpoenaed documents.
  • These disclosures would be permitted by IPP 11 1(d) of the Privacy Act 1988.

Except as provided (above), the address of a client may not be released without his or her authority but DSH may accept a sealed, stamped envelope for on-forwarding. (see Privacy Act 1988 - Chapter 7)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/3-disclosure-information/31-general-principles

9.1 DSH Legislation

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/91-dsh-legislation

Defence Service Homes Act 1918

The relevant provisions of Section 4 (1) are:

"reviewable decision" means a decision of the Secretary:

(aa)under subsection 4BB(2) (revocation of surrender election);

(a)refusing to issue a notice of eligibility, a certificate of entitlement or a certificate of assignment;

(b)determining an amount under section 25;

(c)cancelling subsidy under section 26;

(d)giving the Bank a notice of the intended cancellation of subsidy under section 27;

(da)cancelling a subsidy under section 27A;

(e)requiring a person to pay an amount under section 29;

(f)determining a maximum term under section 36;

(g)refusing to extend the period for making an application for review under section 43; or

(h)giving, or refusing to give, an approval under section 45A;

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/91-dsh-legislation/defence-service-homes-act-1918

Internal review of reviewable decisions

Section 43 (1) The Secretary shall, as soon as practicable after making a reviewable decision, cause a notice in writing to be given to the person whose interests are affected by the decision containing:

(a)the terms of the decision;

(b)the reasons for the decision; and

(c)a statement setting out particulars of the person's right to have the decision reviewed under this Section.

Section 43 (2) A person whose interests are affected by a reviewable decision may apply in writing to the Secretary for a review of the decision.

Section 43 (3) An application for a review shall be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such further period (if any) as the Secretary, either before or after the end of that period, allows.

Section 43 (4) Subject to subsection (5), the Secretary shall, on receiving an application, review the decision, or cause it to be reviewed by a person to whom the Secretary's power under this section is delegated, being a person other than the person who made, or was involved in the making of, the decision and occupying a position senior to that occupied by the last mentioned person.

Section 43 (5) Where a reviewable decision is made by the Secretary personally, the Secretary shall refer an application for review of the decision to the Minister and the Minister shall review the decision.

Section 43 (6) A person who reviews a reviewable decision may make a decision affirming, varying or revoking the reviewable decision and, where the person revokes the decision, may make such other decision as the person thinks appropriate.

Section 43 (7) A reference in this section to a person whose interests are affected by a reviewable decision is a reference to such a person other than the Bank.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/91-dsh-legislation/internal-review-reviewable-decisions

Review of decisions by Administrative Appeals Tribunal

Section 44 (1) Where a person makes a decision under subsection 43(6) affirming or varying a reviewable decision, the person shall cause a notice in writing to be given to the person whose interests are affected by the decision (other than the Bank) containing:

(c)the terms of the decision;

(d)the reasons for the decision; and

(e)a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates.

Section 44 (2) Failure to include in a notice under subsection (1) a statement of the kind referred to in paragraph (1)(e) does not affect the validity of the decision to which the notice relates.

Section 44 (3) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by a person other than the Bank for a review of a decision under subsection 43(6) affirming or varying a reviewable decision.

Section 44 (4) In this section "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/91-dsh-legislation/review-decisions-administrative-appeals-tribunal

10.2 DSH Legislation

The relevant provisions of the Act are:

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/102-dsh-legislation

Bankruptcy of purchaser or borrower

Section 45A (1) Except with the approval of the Secretary, the estate or interest of a purchaser or borrower in any land, land and dwelling-house or right of residence in a retirement village that is the subject of a contract of sale, or of a mortgage or other security securing a Corporation advance or a subsidised advance:

(a)shall not be taken from the purchaser or borrower under the Bankruptcy Act 1966 ; and

(b)shall not be sold in satisfaction of a judgment debt, otherwise than by a credit provider or another mortgagee in the exercise of powers under a contract of sale, or a mortgage or other security.

Section 45A (2) Where 2 persons who are spouses or de facto partners of each other are joint purchasers or borrowers in relation to land, land and a dwelling-house or a right or residence in a retirement village, the Secretary may give an approval under subsection (1) in relation to the estate or interest of both of them if either of them becomes bankrupt or incurs a judgment debt.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/102-dsh-legislation/bankruptcy-purchaser-or-borrower

Certificate of entitlement: transfer of property subject to specified portfolio asset or advance

Section 22 (6) Subject to this section but in spite of any other provision of this Act, where land, or land and a dwelling-house, has been transferred to a transferee who is not an eligible person, section 45A does not apply to the transferee's interest in the land, or land and dwelling-house.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/102-dsh-legislation/certificate-entitlement-transfer-property-subject-specified-portfolio-asset-or-advance

3.2 Exchange of Information with Westpac

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/3-disclosure-information/32-exchange-information-westpac

3.2.1 DSH Legislation

The provisions of section 45B are:

Section 45B(1) The Commonwealth shall give to the Bank, as provided by the agreement, any information in the possession of the Commonwealth that is required to be disclosed or provided to the Bank under the agreement.

Section 45B(2) The Bank shall give the Commonwealth, as provided by the agreement, any information in the possession of the Bank that is required to be disclosed or provided to the Commonwealth under the agreement.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/3-disclosure-information/32-exchange-information-westpac/321-dsh-legislation

3.2.2 Policy

The legislation provides that the Commonwealth and Westpac shall exchange information as required by the Agreement. In general this is related to events which have bearing upon the payment of, or entitlement to, the subsidy. They are detailed in Schedule 1 "D" of the Agreement.

As DSH loan application forms make applicants aware that information relevant to their subsidised advance will be disclosed to Westpac, the disclosure of any such information is permitted by the Privacy Act 1988.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/3-disclosure-information/32-exchange-information-westpac/322-policy

9.2 Policy

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy

9.2.1 Authority of a Delegate

A delegate is authorised to make decisions as to a person's eligibility, entitlement and other matters relating to DSH assistance as delegated.

It is essential that a person who makes a decision under the Act on behalf of either the Minister or the Secretary:

  • has a current delegation of the power which has been exercised;
  • has in his or her possession a copy of the relevant instrument of delegation; and
  • signs both the covering letter and the statement of reasons as a delegate of the authority empowered by the Act to make the decision which is the subject of the reasons.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/921-authority-delegate

9.2.2 Decisions by Delegates

The legislation does not require that a decision allowing an application at the initial level or a review decision revoking a reviewable decision, when notified to the applicant, should be accompanied by a statement of reasons. In such cases, delegates should exercise their judgement as to whether reasons are necessary to support the explanation of the decision to the applicant. If reasons are provided, they should follow the principles outlined for the presentation of reasons for decision.

A decision by a delegate:

  • refusing to issue a notice of eligibility,
  • refusing to issue a certificate of entitlement or a certificate of assignment,
  • determining the maximum amounts for which subsidy is payable,
  • cancelling a subsidy,
  • to recover a subsidy already paid,
  • determining the maximum term for which a subsidy is payable,
  • not to extend the period in which an application for a review shall be made, or
  • giving or refusing to give an approval under the bankruptcy provisions,

may be subject to a review process.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/922-decisions-delegates

9.2.3 Unfavourable Decisions

A delegate making an unfavourable decision must advise the affected person, in writing, in a clear, concise and complete manner. Such advice should contain the following elements:

  • a covering letter, advising of
  • the decision and what rights the affected person has to a review of the decision by a senior delegate (and noting the time within which an application shall be made) - or the AAT (and referring to the matters noted in para 9.2.6 below), as the case may be.
  • a statement of reasons, advising
  • the delegation under which the decision was made;
  • the relevant legislation and policy matters applicable to the decision;
  • how the affected person's circumstances are applicable to the relevant legislation and policy matters.

An affected person's right to apply for review of a decision under Sections 43 or 44 is not conditional upon notice of the decision having been provided to the person.

In some cases of decisions on applications for certificates of entitlement in relation to advances, it is possible that the decision to issue the certificate, while being generally favourable to the applicant, may nevertheless involve the making of reviewable decisions in relation to which the applicant has a right of review. This will be in relation to the amount and term of loan. Where the amount or term of loan approved is not that sought by the applicant, the terms of the decision, the reasons for the decision and a statement of the applicant's right to seek a review of that decision must be notified to the person, in accordance with s43(1), when the certificate is issued.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/923-unfavourable-decisions

9.2.4 Importance of Notice of Decision

There are three main reasons why it is important for a notice of a decision, that is subject to possible review, to contain a clear, precise and complete statement of reasons for that decision. These are:

  • such statements impose on the decision maker the requirement of ensuring that all relevant matters - in terms of legislation, policy and evidence - are considered properly and that in all the circumstances of the case the decision is the right one;
  • the affected person will rely on the reasons for an understanding of the decision and to help form a judgement as to whether the matter in question has been given proper and adequate consideration and decided correctly - this judgement is critical to the affected person's decision as to whether to exercise the right of appeal; and
  • should the affected person appeal against the decision, the reasons will be equally as critical to the appeal authority's assessment of the decision - deficiencies in those reasons may lead to an adverse assessment.

In advising the affected person of his/her rights to a review, it is thought to be advantageous to both parties for the decision maker to invite the affected person to personally contact him/her to discuss the decision. This approach could well see the number of matters being appealed against significantly reduced.

The Act requires that this notice must be given as soon as practicable after the decision is made, but it should be given in any case within 28 days of the decision.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/924-importance-notice-decision

9.2.5 Internal Review by Senior Delegate

A person affected by an unfavourable decision, has the right for a review of that decision by a delegate, senior to the delegate who made the initial decision.

Such an application should by made by the affected person within 30 days of becoming aware of the decision.

A review decision must be made by a person who was not involved in the making of the relevant reviewable decision and who occupies a position senior to that of the delegate who made that reviewable decision. A review decision may affirm, vary or revoke the reviewable decision.

Where a reviewable decision was made by the Secretary personally, subsection 43 (5) requires that any application for a review of that decision must be referred to the Minister (who will make the review decision).

The Defence Service Homes Act 1918 [s44(1)] imposes on persons who make adverse review decisions, the same requirements as those in relation to primary reviewable decisions [s43(1)]. Review decisions should also be notified to the affected person as soon as practicable, and within 28 days, but there is no specific requirement under the Act for this. In the case of adverse review decisions, the notice in writing must contain the terms of and reasons for the decision and a statement setting out the person's right to appeal to the AAT.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/925-internal-review-senior-delegate

9.2.6 Review of Decision by the AAT

If the initial decision is affirmed, the affected person may apply to the AAT for a review of that decision.

When notifying the affected person of his/her right to a review by the AAT, the delegate is required to advise that the application must conform to the requirements of Section 29 of the AAT Act. ie

  • must be made in writing;
  • may be made using the application form available from the AAT State Registry;
  • must set out the reasons for the application; and
  • must be lodged with the AAT within 28 days of the applicant's receipt of written notice of the review decision.

An application to the AAT for review of a decision does not affect the operation of the decision or prevent the taking of action by DSH to implement it. (See section 41 of AAT Act - Chapter 8)

An affected person may request the decision maker to provide the reasons for the decision, if they have not already been given. Where such a request is made within a reasonable time of the decision, those reasons must be provided within 28 days of receipt of the request. (See Section 28 of AAT Act - Chapter 8)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/926-review-decision-aat

9.2.7 Other Affected Persons

Generally speaking, the only affected person will be the applicant or borrower whose application has been refused. In cases involving the bankruptcy and insolvency-related provisions of Section 45A or the transfer-related provisions of Section 22, there will be more than one affected person.

In Section 45A cases, the affected persons usually will be the borrower whose property is the subject of action under the Bankruptcy Act 1966 or the judgement debt and:

  • in the case of bankruptcy - the Official Receiver or Trustee in Bankruptcy; or
  • in the case of a judgement debt - the creditor(s) seeking satisfaction of that debt.

In Section 22 cases, the affected persons will be the current borrower and the proposed transferee or, if the property forms part of a deceased estate, the legal personal representative of the deceased borrower and the proposed transferee.

In assignment cases, the affected persons will be the assignor applicant and the assignee.

In such cases, the terms of the decision under Sections 22, 23A, or 45A and the reasons for the decision should be notified in writing to both parties but it will be necessary to provide a statement of appeal rights only to the party not favoured by the decision.

The favoured party should be notified that the other party has been advised of the decision and of his/her appeal rights. In those cases where the decision is not the one sought by either party - such as a refusal of a proposed transfer from the legal personal representative of a deceased borrower to an ineligible person - both parties should be provided with a statement of their appeal rights.

There is a right of review under the Act against a decision not to issue a certificate of entitlement in relation to both Section 22 and 45A cases.

The Bank is excluded by subsections 43(7) and 44(1) from being an affected person.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/9-dsh-decisions-and-statements-reasons/92-policy/927-other-affected-persons

10.3 Policy

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/103-policy

10.3.1 General Principles

Section 45A of the Act provides that the estate or interest of a purchaser or borrower in a property which is secured by a Corporation advance or a subsidised advance shall not be taken from him under the Bankruptcy Act 1966 or sold in satisfaction of a judgement debt (other than a mortgage) except with the approval of the Secretary. In accordance with ss.22(6), this protection does not extend to ineligible persons to whom an advance was transferred.

It is the general policy not to proceed with any action or proposal which would result in the client losing his right, title or interest in the property and to refuse consent to a creditor to levy execution against the property while the applicant is complying with the requirements of the Act. Departures from the policy will normally be made only in exceptional circumstances.

Consent will normally not be given to applications by a judgement creditor to levy execution against the property or to proceed with any action or proposal which would result in the borrower losing his right, title or interest in his or her property or being dispossessed therefrom while he or she is complying with the requirements of the Act and any mortgage. Where a Delegate considers that there are exceptional circumstances which justify the exercising of the powers of s.45A of the Act, details of the case may be referred to NO through the NPC Manager for consideration in accordance with GO 10.3.2.

In deciding whether exceptional circumstances exist, Delegates should attempt to distinguish those debts that have been incurred in the normal course of daily living and the maintenance of the eligible person and his/her family from those which have been incurred in the course of dealing with other members of the community for the purpose of engaging in commercial activities.

In the event that a decision is taken to give approval under Section 45A, Delegates are reminded that the client would be able to apply for a further subsidised advance on another property under the portability provisions which apply.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/103-policy/1031-general-principles

10.3.2 Action to be taken where a Client has become a Bankrupt or where S45A approval is sought by a Creditor

When information is received that a client has become bankrupt, before advice is given to the Bankrupt, Official Receiver or Trustee in Bankruptcy as to whether the Secretary will exercise his powers under s.45A, the Official Receiver or Trustee will be requested to submit a statement of assets and liabilities and, in the case of sequestration proceedings, a report on the Bankrupt's conduct and affairs.

Where, after consideration of the statement of assets and liabilities and report on the Bankrupt's conduct and affairs, the Delegate is satisfied that there are no exceptional circumstances, the parties involved may be advised that the Secretary does not propose to exercise his powers under s.45A. It is important at this stage to notify both our client and Westpac that the provisions of Section 45A will no longer apply once the DSH loan is discharged. [Administrative Framework and Decision Making GO 10.3.3 below also refers.]

The same general principles are to apply when unsecured creditors are seeking approval under s.45A to complete recovery action.

In any case where the Delegate considers that there are grounds for exercising the powers under s.45A, the statement of assets and liabilities and report on the client's conduct and affairs will be submitted to the Administration Manager (DHOAS)for decision together with the following particulars:

  • location of property;
  • amount of assistance (including additional assistance);
  • estimated value of property;
  • existing liability;
  • whether the client or his/her dependants are in occupation;
  • the manner in which the client has complied with the loan conditions              and details of any arrears of repayments or rates;
  • general comments by Delegate and/or NPC Manager.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/103-policy/1032-action-be-taken-where-client-has-become-bankrupt-or-where-s45a-approval-sought-creditor

10.3.3 Discharge of Liability on Loans by a Bankrupt

In the majority of cases DSH is unaware that a loan is being discharged until after it had taken place. However, in any case where DSH is aware that a borrower, whose estate has been sequestrated, wishes to discharge his liability, the borrower will be informed of the provisions of s.45A and that if the liability is discharged the provisions of s.45A will no longer apply.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/103-policy/1033-discharge-liability-loans-bankrupt

10.3.4 Exclusion

The legislation does not prevent the sale of the DSH beneficiary's home where the sale is in exercise of rights under a mortgage or other security.

Requests by local authorities to resume a property or to exercise remedies in respect of a statutory charge for rates etc against a property, will normally not be opposed.

As a matter of general policy, no objection will be raised to a resumption of a property by a local authority.

The protection of the legislation does not extend to ineligible persons to whom an advance was transferred.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/10-bankruptcy/103-policy/1034-exclusion

3.3 Further Guidelines

In addition to these instructions which are specifically directed to DSH activities, officers are encouraged to become familiar with the Departmental Freedom of Information Procedures.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/administrative-framework/3-disclosure-information/33-further-guidelines

General Orders

Place holder node for General Orders

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders

1 INTRODUCTION

The purpose of establishing data entry protocols is to enable data to be recorded in a consistent manner across all data entry points and to facilitate any data interchange.

The data entry protocols are included in the Procedural Volume of the DSH General Orders as a ready reference instruction for all staff to adhere to when entering data into the ADP Systems.  The protocols provide a standard form of data entry in respect of client details (including correspondence address details).

The protocols are developed to cover the vast majority of data entry needs, but there will be rare cases where the number of characters required to be entered exceeds the maximum allowable for that particular field.  In such cases, unless the protocol provides for the use of the next line field, staff are to use their judgement on an appropriate abbreviation, which will mean a break of protocol.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/1-introduction

1 Introduction

Last amended: 25 September 2013

The Home Support Loan was announced as an Australian Government Budget initiative on 11 May 1999 and after the passage of enabling legislation and an expressions of interest process, came into effect on 1 October 2001.  As is the case for Defence Service Homes loans, the joint venture banking partner is the Westpac Banking Corporation .

This section contains general information about the purpose of the loans, eligibility under legislation and the policy to be applied.

The Home Support Loan is a subsidised home loan that is available to eligible persons and eligible veterans as defined, including their widows/widowers/surviving partners.

The loan can be used to:

  • assist with the cost of enlarging, modifying or repairing a person's home; or
  • assist with the cost of maintenance of a person's home; or
  • assist with the provision of granny flat accommodation on another person's property; (Note: In this situation, they must also apply for a Certificate of Assignment.) or
  • assist with the cost of any other housing related purpose that encourages independent living.

The maximum amount that an applicant can borrow is $10,000.  The amount that the applicant can borrow depends on his/her ability to meet the repayments and any other commitments.  The minimum drawing at any one time is $1,000.  Generally first mortgage security is required (but second mortgage security may be an option in some cases if acceptable to Westpac).

A Home Support Loan is not portable, but if the maximum amount is not borrowed, the remainder (difference between amount/s borrowed and maximum of $10,000) can be borrowed at a later date.

A person already in receipt of a current Defence Service Homes loan (Initial, Further and/or Additional Advance) cannot obtain a Home Support Loan, if the outstanding balance of the existing Defence Service Homes (DSH) loan is more than $10,000.  Also, if a person has an unused DSH loan entitlement, or an entitlement which, together with the balance of any existing DSH loan/s, is greater than $10,000, it is a requirement to use that entitlement instead of a Home Support Loan (but note GO 4.4).  Such persons can then be advised of the amount of assistance available to them.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/1-introduction

Advances - Initial, Additional and Further

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further

1 Introduction

The legislation provides for a subsidised advance to be made available to eligible persons, (please see Part 1 Eligibility General Orders), if they meet the entitlement conditions, as outlined in this section.

Once an eligible person's entitlement to assistance is established, a delegate may issue a certificate of entitlement.

A certificate of entitlement is the only document recognised by Westpac as authority for a subsidised advance to be considered.

The issue of a certificate does not necessarily guarantee  that a subsidised advance will be made available. The applicant also has to meet the lending criteria in

Schedule "C" to the Agreement.

A certificate of entitlement is valid until used.

If a certificate cannot be issued, due to the applicant not meeting certain entitlement conditions, a conditional approval letter should be sent to the applicant advising that:

  • he or she is an eligible person;  and
  • there are conditions which must be met before a certificate can be issued.

A decision refusing to issue a certificate of entitlement or a certificate of assignment is a reviewable decision as defined in Section 4 of the Act.  Please refer to Chapters 8 and 9 of Part 3, Administrative Framework and Decision Making General Orders, for more details.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/1-introduction

2 DSH Legislation

The information appearing below is directly quoted from the Defence Service Homes Act 1918.  Sections are clearly stated and subsections are bracketed.

Section 4 (1)  In this Act, unless the contrary intention appears -

additional advance means a subsidised advance to a purchaser or borrower for a purpose referred to in subsection 18(3);

"agreement" means the agreement made between the Commonwealth and the Bank on 9 November 1988, a copy of which is set out in Schedule 1, as amended by the agreement a copy of which is set out at Schedule 1A and as in force from time to time;

"assigned advance" means a subsidised advance to an assignee, in accordance with a certificate of assignment issued under section 23A;

"assignee" means an assignee referred to in section 23A;

"assignor" means an assignor referred to in section 23A;

"borrower" means a person who is liable to pay the outstanding amount:

(a)of a subsidised advance in respect of which subsidy is payable; or

(b)secured by a specified portfolio asset (other than a contract of sale) which vests in the Bank under section 6B and in respect of which subsidy is payable;

and includes an assignee in relation to a subsidised advance

"certificate of assignment" means a certificate of assignment issued under section 23A

"certificate of entitlement" means a certificate of entitlement issued under this Act;

"company title" in relation to land, means a right of occupancy of the land, or of a dwelling-house or part of a dwelling-house erected on the land, arising from the holding of shares in a corporation that has an interest in the land or dwelling-house;

"contract of sale" means a contract for the sale of a dwelling-house and land under Part IV of this Act as in force before the commencing day;

"Corporation" means the Defence Service Homes Corporation;

"Corporation advance" has the same meaning as in the agreement (see

later this chapter);

"Dwelling-house" includes -

(a)a house or building used or to be used by a person, who is included in paragraph (b) or (d) of the definition of "Australian Soldier", as a hospital, sanatorium or nursing home; and

(b)the appurtenances, outbuildings, fences, and permanent provision for lighting, water supply, drainage and sewerage provided in connection with a dwelling-house,

but does not include any land;

"further advance" means a subsidised advance (other than a widow or widower advance or an advance for essential repairs) to a person who:

(a) has been a purchaser or borrower as defined in this section (as in force before, on or after the commencing day), otherwise than;

(i) merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; or

(ii) merely because the person is or was a joint purchaser or borrower as so defined with the person's spouse and became such a purchaser or borrower on the basis that the person's spouse was an eligible person;

(b)is not such a purchaser or borrower immediately before the advance is made;

"granny flat" means any form of residence:

(a)that is the principal home of an eligible person; and

(b)that is not owned, wholly or partly, by the eligible person; and

(c)that is, or is part of, a private residence; and

(d)in respect of which the eligible person has a right of accommodation for an indefinite period;

"Holding", in relation to an applicant or borrower, means -

(a)land of which he or she is the beneficial owner in fee simple; or

(b)land of which he or she is the lessee under a Crown lease in perpetuity from a State; or

(c)land of which he or she is the lessee under a lease granted for a term of not less than 99 years from a State or from a local governing body; or

(d)land in a Territory of which he or she is the lessee under a lease from Australia or from the Administration of the Territory, being -

(i) a lease in perpetuity;

(ii) a lease granted for a term of not less than 99 years; or

(iii) in the case of Norfolk Island - a lease granted for a term of not less than 28 years; or

(e)a suburban holding held by him or her under the Crown Lands Consolidation Act, 1913 of New South Wales or under that Act as amended at any time or under an Act enacted in substitution for that Act, being a suburban holding an application for which has been confirmed in accordance with the law of that State; or

(f)a unit defined in a units plan registered in accordance with a law of the Australian Capital Territory relating to unit titles, being a unit of which he or she is the lessee under a lease from Australia; or

(g)land which he or she holds by way of a company title; or

(h)land of which he or she is the lessee under a lease that the Bank considers is adequate security for a subsidised advance to be made to him or her;

NOTE: An interest in a holding may be a joint interest in accordance with

section 4AB.

"lease", in relation to land held by way of company title, includes an agreement similar to a lease;

"mortgage" includes a security over an interest in shares that are shares giving rise to a company title;

"retirement village" means:

(a)a retirement village registered under an approved law of a State or Territory: or

(b)in the case of a State or Territory that has no approved law - a retirement village within the meaning of the Veterans' Entitlements Act 1986; or

(c)a granny flat.

Section 4 (3)  Where, in the case of a person, being a female, who is -

(a)a person described in paragraph (g) of the definition of " Australian Soldier" in subsection 4(1); or

(b)a regular serviceman,

the whole or any part of the service by reason of which she is such a member or such a regular serviceman, as the case may be, was service as a member of a nursing service, she shall, for the purposes of paragraph 18(1)(f), be deemed to be a person included in paragraph (b) of the definition of "Australian Soldier" in subsection (1) of section 4.

Section 4 (4)  Where -

(a) an applicant is the lessee of land under a lease for a term of years from the Commonwealth, the Administration of a Territory or a State, being a lease under which he is entitled, on the fulfilment of the terms, conditions and covenants of the lease, to a grant in fee simple of the land; and

(b)the applicant satisfies the Secretary that the applicant has a reasonable prospect of carrying out the terms, conditions and covenants of the lease,

the land shall be deemed to be a holding for the purposes of this Act in relation to the applicant.

Section 4 (5)  Where -

(a) an applicant is purchasing land from a State on terms that entitle him, on compliance with specified conditions, to a grant in fee simple of the land; and

(b) the applicant satisfies the Secretary that the applicant has a reasonable prospect of complying with those conditions,

the land shall be deemed to be a holding for the purposes of this Act in relation to the applicant.

Section 4 (6)  For the purposes of this Act a person is taken, subject to subsection (7), to have a right of residence in a retirement village if the person has a right of permanent residence in the retirement village, subject to any contractual conditions governing the person's residence.

Section 4 (7)  For the purposes of this Act a person is not taken to have a right of residence in a retirement village if the person's right of residence is derived from the person's interest in a holding of the person.

Section 4 (8)  In this Act, a reference to a person's retirement village accommodation means that part of a retirement village in which the person has, or the person and the person's spouse or de facto partner have, obtained a right of residence.

Section 4 (9) A reference in this Act to an advance that a person may seek from the Bank, includes a reference to such an advance that a person may seek from the Bank on behalf of an assignee, or a proposed assignee, of the person;

Section 4 (10) A reference in this Act to an assignee of a person is a reference to another person in relation to whom the first-mentioned person is an assignor

Section 4 (11) For the purposes of the definitions of further advance and initial advance in subsection 4(1), if the subsidised advance in question is an assigned advance in respect of an assignor:

(a)a reference in those definitions to the person to whom the advance in question is made is a reference to the assignee; and

(b)the assignee is not taken to have previously been a purchaser or borrower merely because the assignee previously became a purchaser or borrower, either as an eligible person in his or her own right or as an assignee in relation to another assignor.

Section 4 (12) For the purposes of paragraph (b) of the definition of further advance in subsection 4(1), a person is not taken to have been a purchaser or borrower immediately before an assigned advance is made, merely because the person is a purchaser or borrower, as an assignee, in relation to an assignor other than the one in question;

Section 4 (13) For the purposes of the definitions of further advance and initial advance in subsection 4(1), a person who has been an assignor is taken to have been a borrower unless the person:

(a) was an assignor merely because the person is or was the personal representative of a deceased assignor; or

(b) was an assignor merely because the person is or was an assignor together with the person's spouse or de facto partner, and became such an assignor on the basis that the person's spouse or de facto partner was an eligible person.

"initial advance" means a subsidised advance for a purpose referred to in subsection 18 (2) to a person referred to in subsection 18 (1) who is not, and has not previously been, a purchaser or borrower as defined in this section  (as in force before, on or after the commencing day) otherwise than:

(a) merely because the person is or was the personal representative of a deceased purchaser or borrower as so defined; or

(b) merely because the person is or was a joint purchaser or borrower as so defined with the person's spouse or de facto partner and became such a purchaser or borrower on the basis that the person's spouse or de facto partner was an eligible person;

"Limit" has the same meaning as in the agreement (see later this chapter);

"Owner" in relation to land includes every person who has purchased land on credit or deferred payment, and has obtained possession of the land, and, in relation to a dwelling-house, includes any person who has purchased or contracted to purchase a dwelling-house together with the land on which it is erected;

"purchaser" means a person who is liable to pay the outstanding balance of the purchase money in respect of the purchase of land and a dwelling-house under a contract of sale in respect of which subsidy is payable;

"subsidised advance" has the same meaning as in the agreement (see later this chapter);

"subsidy" means a subsidy payable under Part IV by the Commonwealth to the Bank, being an amount calculated and payable in the manner provided in the agreement;

"the Bank" means Westpac Banking Corporation and, as the context requires and subject to the agreement, any body to which it assigns all or any of its rights or obligations under the agreement, the portfolio assets or subsidised advances or any security for those advances, as provided by the agreement ;......

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation

Extension of Act to Norfolk Island

Section 4AA This Act extends to Norfolk Island.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/extension-act-norfolk-island

Eligible person and spouse or de facto partner may be treated together as eligible person

Section 4A (1) The Secretary may, in his or her discretion, treat an eligible person and the spouse or de facto partner of that eligible person together as an eligible person for the purposes of this Act, and any reference in this Act to an eligible person shall be read as including a reference to a spouse or de facto partner of that eligible person who is so treated.

(3)  The Secretary shall not apply this section in relation to any land, or land and dwelling-house, if the land, or land and dwelling-house, is or are owned or proposed to be owned by the eligible person and his or her spouse or de facto partner otherwise than as joint tenants.

(6) The application of this section in relation to land or land and a dwelling-house does not, except as provided by this section, affect the application of the other provisions of this Act in relation to the land or land and dwelling-house.

Joint ownership

4AB(1) A reference in this Act to any of the following kinds of property:

(a) land;

(b) a suburban holding under the Crown Lands Consolidation Act 1913 of New South Wales, or under that Act as amended at any time, or under an Act enacted in substitution for that Act;

(c) a unit defined in a units plan registered in accordance with a law of the Australian Capital Territory relating to unit titles;

(d) a right of residence in a retirement village;

includes a reference to such property held by a person as a joint tenant or tenant in common;

(2) A reference in this Act to a dwelling-house includes a reference to a dwelling-house that is built in or on land, such a suburban holding or such a unit, that is held by a person as a joint tenant or tenant in common;

(3) A reference in this Act to a purchaser or borrower includes a reference to a person who is a purchaser or borrower as a joint tenant or tenant in common.

Note: Section 17A deals with the issue of certificates of entitlement in relation to joint tenancies and tenancies in common.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/eligible-person-and-spouse-or-de-facto-partner-may-be-treated-together-eligible-person

Applications for notices and certificates

Section 15 (1)  A person may apply to the Secretary for any of the following:

...

(b) a certificate of entitlement in relation to subsidy on a subsidised advance that the person may seek from the Bank;

...

(e) a certificate of assignment.

Section 15 (2)  An application shall be in writing in accordance with the appropriate form approved by the Secretary for the purposes of this section and shall be made in accordance with the agreement.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/applications-notices-and-certificates

Certificates of entitlement: advances

Section 17 (1)  Subject to this Act, the Secretary shall, on application by a person for a certificate of entitlement in relation to subsidy on a subsidised advance that the person may seek from the Bank, issue to the applicant a certificate of entitlement certifying that subsidy is payable by the Commonwealth to the Bank if, in accordance with the agreement, the Bank makes that advance to the applicant or the assignee of the applicant.

Section 17 (2)  A certificate of entitlement issued under this section remains in force until:

(a) it lapses as provided in the agreement; or

(b) subsidy in respect of the relevant advance ceases to be payable under thisAct;

whichever happens first.

Section 17 (3)  A certificate of entitlement issued under this section shall:

(a) specify the maximum amount in respect of which subsidy is payable, being an amount determined under section 25;

(b) specify the maximum term of the advance;

(c) if subsection 34(2) applies - specify the rates of interest and proportions of the further advance to which each of those rates of interest apply, as required by that subsection;

(d) in any other case - specify the rate of interest payable on the advance; and

(da) contain a statement setting out the effect of section 35AA (which, in some situations, reduces the rate of interest payable on a subsidised advance); and

(e) contain particulars of such other matters as are specified in the agreement.

Section 17 (4) A certificate of entitlement issued under this section must:

(a)if the certificate relates to an initial advance, or a further advance, that is not an assigned advance - specify that the advance is for the purposes referred to in subsection 18(2) (other than paragraph 18(2)(1)); or

(b) if the certificate relates to an initial advance, or a further advance, that is an assigned advance - specify that the advance is for the purpose of assisting the assignee of the applicant in obtaining a right of residence in the retirement village in question; or

(c) if the certificate relates to an additional advance that is not an assigned advance - specify that the advance is for the purposes referred to in subsection 18(3) (other than paragraph 18(3)(g)); or

(d) if the certificate relates to an additional advance that is an assigned advance - specify that the advance is for the purpose of assisting the assignee of the applicant in continuing to hold a right of residence in the retirement village in question; or

(e) in any other case - specify the purpose of the advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/certificates-entitlement-advances

Criteria for issue of certificate of entitlement: joint ownership

17A(1) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a joint tenancy, unless the Secretary is satisfied that:

(a)the application was made by a person and his or her spouse or de facto partner who, under subsection 4A(1), are treated together as an eligible person for the purposes of this Act; or

(b)the only other joint tenant is the applicant's spouse or de facto partner, who is also an eligible person.

(2) The Secretary must not issue a certificate of entitlement under this Part to an applicant if the applicant's interest or right is in the form of a tenancy in common, unless the Secretary is satisfied that the interest or right, at the time when the application was lodged, would have had a value, if it were unencumbered, of not less than the sum of:

(a) all advances in relation to the applicant, in respect of which subsidy is payable; and

(b)the advance to which the certificate would relate.

(3) In this section:

interest or right, in relation to an applicant, means the applicant's interest or proposed interest concerned in respect of a holding, or the applicant's right or proposed right of residence concerned in respect of a retirement village (as the case requires).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/criteria-issue-certificate-entitlement-joint-ownership

Criteria for issue of certificate of entitlement: advances other than widows' advances and advances for essential repairs

Section 18 (1)  Subject to this section, the Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance that a person may seek from the Bank unless satisfied that:

(a)the person is an eligible person, or the spouse or de facto partner of an eligible person who is temporarily or permanently insane; and

(b) the person:

(i)is not the owner of a dwelling-house; and

(ii) does not have a right of residence in a retirement village; and

(iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling-house is built;

  • other than the dwelling-house, right of residence, or company title in respect of which the advance is payable; and

(c) the person is not liable to repay any amount received by way of assistance under an agreement of the kind known as a War Service Land Settlement Agreement; and

(d) the person has not received money from the Commonwealth after 9 December 1987 by way of:

(i) a payment of a cash grant instead of an advance under this Act as in force on or before that day; or

(ii) a payment instead of such a cash grant; and

(e)if the person has a spouse or de facto partner (other than a spouse or de facto partner from whom he or she is permanently separated) - the spouse or de facto partner:

(i) is not the owner of a dwelling-house; and

(ii) does not have a right of residence in a retirement village; and

(iii) does not own an interest in shares giving rise to a company title in respect of land on which a dwelling-house is built;

  • other than the dwelling-house, right of residence or company title in respect of which the advance is payable; and

(f) except in the case of an advance to a person included in paragraph  (b) or (d) of the definition of "Australian Soldier" in section 4 in relation to a house or building used or to be used as a hospital, sanatorium or nursing-home - the dwelling-house or retirement village accommodation in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person; and

(g) such advance will be secured by:

(i) in the case of an assigned advance - except as provided by the agreement, a first or subsequent mortgage over the assignee's interest in the retirement village and over any other person's interest in the retirement village; or

(ii) in any other case - except as provided by the agreement,  a first mortgage over the person's interest in the holding and over any other person's interest in the holding.

Section 18 (2)  The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance, other than an additional advance, that a person may seek from the Bank unless satisfied that the advance is for the purpose of enabling the person:

(a) to build a dwelling-house on a holding of the person; or

(b) to purchase a holding and build a dwelling-house on the holding; or

(c)to purchase a dwelling-house together with the holding on which it is built;

or

(d)to complete a partially built dwelling-house on a holding of the person; or

(e) to enlarge, modify or repair a dwelling-house on a holding of the person; or

(f) to discharge any mortgage, charge or encumbrance already existing on the person's interest in a holding; or

(g) to obtain a right of residence in a retirement village; or

(h) to complete the person's partially-built retirement village accommodation; or

(j) to enlarge, modify or repair the person's retirement village accommodation; or

(k)to discharge any debt owed by the person in relation to the person's retirement village accommodation; or

(l) in the case of an assigned advance - to be assisted in obtaining a right of residence in the retirement village.

Section 18 (3)  The Secretary shall not issue  a certificate of entitlement in relation to subsidy on an additional advance that a person may seek from the Bank unless satisfied that the advance is for the purpose of enabling the person:

(a)to enlarge, modify or repair:

(i) a dwelling-house on a holding of the person; or

(ii) a person's retirement village accommodation; or

(b) to meet the cost of roadmaking if the person is liable to meet that cost but is otherwise unable to do so; or

(e)to discharge any mortgage, charge or encumbrance already existing on the person's interest in a holding; or

(f)to discharge any debt owed by the person in relation to the person's retirement village accommodation; or

(g) in the case of an assigned advance - to be assisted in continuing to hold a right of residence in the retirement village.

Section 18 (6)  In this section:

"advance" means a subsidised advance other than a widow or widower advance or an advance for essential repairs.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/criteria-issue-certificate-entitlement-advances-other-widows-advances-and-advances-essential-repairs

Criteria for issue of certificate of entitlement: further advance

Section 19  The Secretary must not issue a certificate of entitlement in relation to subsidy on a further advance to a person unless the person is or was a purchaser or borrower in relation to a Corporation advance, a subsidised advance or a contract of sale on or after 9 December 1987.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/criteria-issue-certificate-entitlement-further-advance

Certificates of assignment

23A(1) Subject to this Act, the Secretary may, on application by an eligible person (the assignor) for a certificate of assignment, issue the assignor with such a certificate certifying that subsidy is payable by the Commonwealth to the Bank if, in accordance with the certificate, the Bank makes an advance to another person (the assignee).

(2) The Secretary must not issue the assignor with a certificate of assignment unless:

(a) the Secretary is satisfied that the assignee owns or will own a retirement village that:

is primarily for the accommodation of eligible persons; or

is a granny flat; and

(b) the Secretary is satisfied that the assignee will assist the assignor to obtain and continue to hold a right of residence in the retirement village, if the Bank makes such an advance to the assignee; and

(c) the applicant has already been issued with a certificate of entitlement that is in force that:

(i) specifies, under subsection 17(4), a purpose of a kind referred to in paragraph 18(2)(l) or (3)(g); and

(ii) was not issued under section 22; and

(d) a subsidised advance has not been made to the assignor in relation to that certificate of entitlement; and

(e)the assignor and the assignee have agreed to conditions of a kind specified in a determination made by the Secretary under subsection (3).

(3) The Secretary may make written determinations specifying the kinds of conditions to which an assignor and assignee must agree before a certificate of assignment can be issued to the assignor.

(4) A certificate of assignment issued under this section remains in force until subsidy in respect of the assigned advance concerned ceases to be payable under this Act.

(5) A certificate of assignment issued under this section must:

(a) specify the maximum amount in respect of which subsidy is payable, being an amount determined under section 25; and

(b) specify the maximum term of the advance; and

(c) specify the purpose of the advance; and

(d) specify the rate of interest payable on the advance; and

(e) contain particulars of such other matters as are specified in a determination made by the Secretary  under subsection (6).

(6) The Secretary may make written determinations as to the kind of matters to be included in a certificate of assignment pursuant to paragraph (5)(e).

(7) Determinations made under subsections (3) and (6) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/certificates-assignment

Maximum amounts for which subsidy is payable

Section 25 (1)  Subject to this section, the amount that shall be specified under paragraph 17(3)(a) in a certificate of entitlement issued to a person in relation to a subsidised advance that the person may seek from the Bank is:

(a)in the case of an initial advance - such amount as the Secretary determines is necessary to give effect to the purpose for which the advance is made, being an amount that is not more than $25,000; and

(b)in the case of an additional advance - such amount as the Secretary determines is necessary to give effect to the purpose for which the advance is made, being an amount that is not more than the amount by which $25,000 exceeds:

(i)in the case of an assigned advance - the sum of the amounts of the assigned advances made to the assignee in relation to the person; or

(ii)in any other case - the sum of the amounts of the contract of sale, Corporation advance, initial advance or further advance and any previous additional advance made to the person; and

(d)in the case of a further advance - an amount equal to:

(i)the limit of the last Corporation advance, subsidised advance or contract of sale in relation to which the person was a borrower or purchaser, or the assignee of the person was a borrower in respect of the person (as the case requires); or

(ii)$25,000;

whichever is less.

Section 25(1A)  In working out the limit of a person's last Corporation advance, subsidised advance or contract of sale under paragraph (1)(d), the amount of the person's last Corporation advance, subsidised advance or contract of sale is taken to include the amount of any additional advance that has subsequently been made to the person or the assignee of the person (as the case requires).

Section 25(2)  Where an initial advance is made to 2 or more persons jointly (being persons included in paragraph (b) or (d) of the definition of "Australian Soldier" in section 4) in relation to a house or building used or to be used as a hospital, sanatorium or nursing-home, the Secretary may determine a maximum amount under paragraph (1)(a) that is more than $25,000 but shall not determine a maximum amount that is more than the sum of the maximum amounts that could have been determined if the advance had been made to each of those persons separately.

Section 25(3)  Where subsidy is payable for a specified portfolio asset which vests in the Bank under section 6B, the maximum amount in respect of which subsidy is payable is an amount equal to the amount of the outstanding balance under the specified portfolio asset as at the relevant vesting date.

Section 25(4)  Where the outstanding balance of a specified portfolio asset which vests in the Bank under section 6B, or of a subsidised advance, increases as a result of a grant of instalment relief to the purchaser or borrower, the maximum amount in respect of which subsidy is payable for that specified portfolio asset or subsidised advance shall be taken to have been increased by an amount equal to the amount of the increase of that outstanding balance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/maximum-amounts-which-subsidy-payable

Marriage of Two Eligible Persons-Each in receipt of an Advance

Section 26(4)  Where the Commonwealth is paying subsidy in respect of 2 persons and one of those persons becomes the spouse or de facto partner of the other person, the Secretary may, by notice of cancellation given to one of those persons, cancel the subsidy in respect of that person on the date specified in the notice, being a date not earlier than the date of the notice.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/marriage-two-eligible-persons-each-receipt-advance

Rate of interest on initial advances

Section 31  The rate of interest that shall be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to an initial advance that a person may seek from the Bank is 6.85% per year.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/rate-interest-initial-advances

Rate of interest on additional advances

3.

33.1, 2 The rate of interest that must be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to an additional advance that a person may seek from the Bank is 6.85% per year.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/rate-interest-additional-advances

Rate of interest on further advances

34. 3, 4(1) Subject to subsection (2), the rate of interest that is to be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to a further advance that a person may seek from the Bank is the rate of interest per year (disregarding section 35AA) of the last preceding previous advance.

(2) If, at the time when subsidy is or was most recently payable in relation to the last preceding previous advance, subsidy is or was payable in respect of the person in relation to one or more other previous advances:

(a)5the rates of interest that are to be specified under paragraph 17(3)(c) in a certificate of entitlement in relation to a further advance that a person may seek from the Bank are the rates of interest per year that applied (disregarding section 35AA) to those previous advances; and

(b) in relation to each such interest rate – the proportion of the further advance to be so specified in relation to that interest rate is the proportion of the sum of amounts outstanding in respect of all the previous advances that are amounts to which that interest rate applies.

(2A) 6 For the purposes of this section, in determining the rate of interest that was payable in relation to a previous advance at any time before 5 January 1998, apply sections 35AB and 35AC as if the application of those sections were not limited to the calculation of interest for 5 January 1998 and later days.

(3) In this section:

  • previous advance, in relation to a further advance in respect of a person, means an advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or a contract of sale, in respect of which the person is or was a purchaser, preceding the further advance in question.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/rate-interest-further-advances

Rate of interest on advances for essential repairs

35.7The rate of interest that shall be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to an advance for essential repairs that a person may seek from the Bank is 6.85% per year.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/rate-interest-advances-essential-repairs

Interest rates reduced according to reduced Benchmark rate

35AA.8(1) If the rate of interest payable for a particular month on a subsidised advance, or on an amount owed to the Bank in relation to a specified portfolio asset, exceeds the reduced Benchmark rate, the rate payable for that month is reduced to the level of the reduced Benchmark rate.

(2) The reduced Benchmark rate for the month is the Benchmark rate worked out for the month in accordance with subclause 11.10 of the agreement, rounded up or down to 2 decimal places (rounding 0.005% up), less 1.5 percentage points.

(3) This section applies despite anything in any certificate of entitlement or in any subsidised advance contract or portfolio mortgage, portfolio contract of sale, portfolio supplementary agreement or other portfolio agreement.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/interest-rates-reduced-according-reduced-benchmark-rate

Reduction of certain single-tiered rates of interest

35AB.9 (1) If:

(a)a person is the borrower in respect of a subsidised advance or an amount owed to the Bank in relation to a specified portfolio asset; and

(b)apart from this section, a single rate of interest would be payable on the whole of the balance of the advance or amount; and

(c)that rate exceeds 6.85% per year;

the rate of interest payable on the balance is reduced to 6.85% per year.

(2) This section applies despite anything in any certificate of entitlement or in any subsidised advance contract or portfolio mortgage, portfolio contract of sale, portfolio supplementary agreement or other portfolio agreement.

(3) This section is subject to section 35AA (which will sometimes reduce the rate of interest payable to less than 6.85% per year).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/reduction-certain-single-tiered-rates-interest

Replacement of multi-tiered rates of interest with single rate

35AC.10(1) If:

(a) a person is the borrower in respect of a subsidised advance or an amount owed to the Bank in relation to a specified portfolio asset; and

(b) apart from this section, 2 or more different rates of interest would be payable on different parts of the balance of the advance or amount;

the following single rate of interest is instead taken to be payable on the balance:

(c) if the blended interest rate (see subsection(2)) for the advance or amount is less than 4.5% per year – 3.75% per year;

(d) if the blended interest rate is less than 6.85% per year but not less than 4.5% per year – 4.5% per year;

(e) in any other case – 6.85% per year.

(2) This is how to work out the blended interest rate for the advance or amount:

Method statement

Step 1.For each different rate of interest payable, multiply the rate by that part of the limit of the advance, or of the limit of the amount, on which the rate is payable, and total the results.

Note: However, if that limit is nil, see subsection (4).

Step 2.Divide the total by the limit of the advance or amount.

Step 3.Express the result as a percentage rate per year and round the rate up or down to 2 decimal places (rounding 0.005% up). This is the blended interest rate for the advance or amount (subject to Steps 4 and 5).

Step 4.If:

(a) the result from Step 3 is less than 6.85% per year but not less than 6.67% per year; and

(b)apart from this section, the different rates of interest payable on the different parts of the limit are 3.75% per year, 7.25% per year and 10% per year;

  • the blended interest rate is instead 6.85% per year.

Step 5.If:

  • (a) the result from Step 3 is less than 4.5% per year but not less than 4.45% per year; and
  • (b) apart from this section, the different rates of interest payable on the different parts of the limit are 3.75% per year and 7.25% per year;
  • the blended interest rate is instead 4.5% per year.

Note: Steps 4 and 5 are needed because the amortisation of the limit of the advance or amount over the term of the loan or contract can cause small temporary deviations from the average of the various rates of interest over the term. Steps 4 and 5 prevent these deviations from affecting the calculation of the blended interest rate.

(3) This is an example of how to work out the blended interest rate for an advance or amount:

Example: Assume that the limit of an advance is $4,000. Interest is payable at the rates of 3.75% per year on the first $1,000, 7.25% per year on the next $1,000 and 10% per year on the last $2,000 of that limit.

The Step 1 calculations are:

($1,000 x 3.75%) + ($1,000 x7.25%) + ($2,000 x 10%) = $37.50 + $72.50 + $200 = $310

Under Step 2, the $310 is divided by the total limit of $4,000, giving a result of 0.0775.

Under Step 3, that result is expressed as a percentage: 7.75% per year.Step 4 does not apply, because the blended interest rate is too high.Step 5 does not apply, because the blended interest rate is too high and in any event because the rates of interest in question are not the ones specified in Step 5. Therefore, the blended interest rate for the advance is 7.75% per year.

(4) For Steps 1 and 2 of the method statement in subsection (2), if the limit of the advance or amount at the time concerned is nil, then, instead of nil, use the amount of the limit from when the advance was first made, or when the amount first became owing to the Bank.

(5) This section applies despite anything in any certificate of entitlement or in any subsidised advance contract or portfolio mortgage, portfolio contract of sale, portfolio supplementary agreement or other portfolio agreement.

(6) This section is subject to section 35AA (which will sometimes further reduce the rate of interest payable).

(7) If this section would increase the total amount of interest payable on the balance of an advance or amount over the term of the advance or amount, then this section does not apply to that balance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/replacement-multi-tiered-rates-interest-single-rate

Rates not altered for certain portfolio contracts of sale

35AD.11Sections 35AA, 35AB and 35AC do not apply in relation to a portfolio contract of sale made as a result of the exercise of a power under section 36 of this Act as in force before the commencing day if, when the contract was made, the purchaser was not an eligible person within the meaning of this Act as then in force.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/rates-not-altered-certain-portfolio-contracts-sale

Maximum term of advances

Section 36 (1)  Subject to section 37, the maximum term to be specified under paragraph 17(3)(b) in a certificate of entitlement in relation to a subsidised advance that a person may seek from the Bank is:

(a)in the case of an initial advance - 25 years;

(b) in the case of an additional advance, ...

(i) a term equal to the unexpired part of the term of the borrower's initial advance, further advance or Corporation advance, or of the purchaser's contract of sale, as the case may be; or

(ii) If the Secretary determines that a longer maximum term would be appropriate, having regard to the circumstances of the case - such longer term as the Secretary determines;

(d) in the case of a further advance:

(i)if the person has ceased to be a purchaser or borrower in relation to the last preceding previous advance - a term equal to the unexpired part of the last preceding previous advance at the time immediately before the person ceased to be such a purchaser or borrower; or

(ii)in any other case - a term equal to the unexpired part of the last preceding previous advance; and

(e)in the case of an advance or a specified portfolio asset transferred to a transferee - a term equal to the unexpired part of the advance or asset so transferred.

Section 36 (2)  Subject to section 37, the maximum term of a specified portfolio asset which vests in the Bank under section 6B is a term equal to the remainder of the term of that specified portfolio asset as at the relevant vesting date.

Section 36 (3)  Where the term of a specified portfolio asset which vests in the Bank under section 6B, or of a subsidised advance increases as a result of a grant of instalment relief to the purchaser or borrower, the maximum term of that specified portfolio asset or advance shall be taken to have increased by a period equal to the period by which the term of that asset or advance was so increased.

Section 36 (4)  In this section:

  • previous advance, in relation to a further advance in respect of a person, means an advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or a contract of sale, in respect of which the person is or was a purchaser, preceding the further advance in question.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/maximum-term-advances

Dwelling-houses for incapacitated soldiers

Section 47  The Secretary may provide a dwelling-house for the use of a person who is receiving, or is eligible to receive, a pension under Part II of the Veterans' Entitlements Act 1986 and to whom section 24 of that Act applies.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/dwelling-houses-incapacitated-soldiers

Veterans' Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995

SCHEDULE 1

AMENDMENTS TO THE DEFENCE SERVICE HOMES ACT 1918

Application

Despite the amendments made by this Schedule, section 36 of the Defence Service Homes Act 1918, as in force immediately before the commencement of this item, continues to apply in respect of certificates of entitlement in relation to a further advance that a person may seek from the Bank, if:

(a) subsidy was not payable on 9 May 1995 in relation to the advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or the contract of sale, in respect of which the person is or was a purchaser, directly preceding the further advance in question; and

(b) the prescribed period, as defined in subsection 36(4) of the Defence Service Homes Act 1918, as in force immediately before the commencement of this item, equals or exceeds 25 years as at 9 May 1995.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/veterans-affairs-1995-96-budget-measures-legislation-amendment-act-1995

SCHEDULE 1 to the Act

Agreement between the Commonwealth of Australia and Westpac Banking Corporation

...

1.1 Definitions

"Corporation advance" means an advance made under Section 20 of the Act as in force before the Date of Proclamation, being an advance made by the Corporation, whether before or after that day.

“Limit”12: means the original amount lent to a Borrower as that amount is:

increased by:

the amount of all Loan Maintenance Fees debited to that Borrower's Subsidised Advance Loan Account; and

the amount of all taxes or duties on receipts or payments to or from that account (including without limitation financial institutions duty) which are debited to that account; and

reduced by any scheduled repayments of principal and payments of Loan Maintenance Fees (whether these repayments or payments were made or not); and

  • (b) increased by any amount of Instalment Relief granted by the Bank pursuant to a Certificate of Entitlement.

"Subsidised Advance" means any advance made by the Bank in accordance with the Certificate of Entitlement, or an initial advance which the Bank is taken to have made pursuant to Section 37 of the Amended Act.

7.5 Application of Lending Criteria

The Bank is not obliged to make a Subsidised Advance or grant Instalment Relief or give effect to the Commonwealth's consent to the Transfer of Land and Subsidy unless the lending criteria specified in Schedule "C" are satisfied.

7.7 Failure to meeting Lending Criteria

The Bank further agrees that the failure by an Entitled Applicant to meet the lending criteria set out in Schedule "C" will be the sole basis for a refusal in whole or in part by the Bank to make the Subsidised Advance or grant the Instalment Relief or give effect to the Commonwealth's consent to the Transfer of Land and Subsidy sought by the Entitled Applicant.

Schedule "C" to the Agreement

The Bank's lending criteria are:

(a) Income

(i) As a general principle the amount of repayments should not exceed 25% of the gross income of the applicant or Entitled Applicant.

(ii)Where application is being made for a Subsidised Advance together with a further loan, repayments on both advances should not exceed 25% of the gross income of the applicant or Entitled Applicant.

(iii) The 25 per cent of gross income rule referred to in (i) and (ii) above constitutes a broad general rule only and each case must be considered on its merits, including the amount of residual income available after meeting commitments.

(b) Commitments

Known commitments of an applicant or Entitled Applicant will be taken into consideration in determining the capacity of an applicant or Entitled Applicant to meet the repayments.

(c) The applicant or Entitled Applicant will be generally required to meet a reasonable deposit/equity ratio. As a general guideline 10 per cent of the total cost/value of the property may be considered a reasonable deposit.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/2-dsh-legislation/veterans-affairs-1995-96-budget-measures-legislation-amendment-act-1995/schedule-1-act

3 Policy

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy

3.1 General Principles

The Government has contracted with Westpac Banking Corporation to provide advances to persons entitled to a Defence Service Homes loan subsidy.  When an applicant's entitlement to an advance is established, a certificate of entitlement is issued by the delegate. It is then up to Westpac to determine whether the applicant meets the Bank's lending criteria before it proceeds to fund the advance.  Westpac is required to take security over advances by way of a mortgage over the relevant holding of the person. Where an advance relates to a retirement village, security, if any, shall be at the discretion of the Bank.

Further Advance (Portability) was introduced for advances, except for widow/widower and essential repairs advances, funded after 9 December 1987.  Portability was subsequently extended to advances, except for widow/widower and essential repairs advances, current at 9 December 1987.  Prior to 9 May 1995, the maximum term available under portability was 25 years.  Where subsidy was not payable on 9 May 1995, an entitlement to a further advance is dependent on the used term of the previous advance or advances not exceeding 25 years as at that date.  (See "further subsidised advance").  A Further Advance (Portability) is restricted to an amount equal to the limit on the previous advance at the date the loan account closed for the balance of the  term and at the interest rate applying to that advance.  A Further Advance (Portability) is not available to persons who had been assisted previously and discharged their loan before 9 December 1987.  A further period of qualifying service does not entitle any applicant to further assistance.

Since November 1998, clients with a current loan and who wish to transfer the loan to another home have been able to approach Westpac direct without the need to obtain a Certificate of Entitlement for a Further Advance.  Widow/Widower Advances, Essential Repairs Advances, Home Support Loans and Assigned Advances are excluded from this arrangement.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/31-general-principles

3.1.1 Assistance within Australia including Norfolk Island only

Assistance under the DSH Act is only available in relation to properties located within the territorial boundaries of Australia including Norfolk Island.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/31-general-principles/311-assistance-within-australia-including-norfolk-island-only

3.2 Security Requirements

It is a general requirement that the bank take a first mortgage security over the DSH property.  However, the Bank will forego first mortgage security in certain circumstances and reserves the right to consider cases on an individual basis.  The Bank will also apply its usual creditworthiness criteria.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/32-security-requirements

3.3 Initial Subsidised Advance

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/33-initial-subsidised-advance

3.3.1 Amount, Interest Rate & Term

A subsidised advance is available;

  • up to an amount of $25,000,
  • at a capped interest rate of 6.85%pa, but variable at 1.5%pa below the Benchmark Rate if the Benchmark Rate is below 8.35%pa.
  • over a maximum term of 25 years,

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/33-initial-subsidised-advance/331-amount-interest-rate-term

3.3.2 Purposes

The subsidised advance is available for the following purposes:-

  • to buy a new or previously occupied home, including a strata unit;
  • to buy land and build a home on it;
  • to build a home on land the person already owns;
  • to complete a partly built home the person owns. Under this criterion a subsidised advance may be provided for the installation of water, sewerage, electricity, drainage or gas including the connection of mains from some distant point to the boundary of the applicant's holding;
  • to enlarge, modify or repair an existing home the person owns including retirement village accommodation;
  • to pay the entry charges to a retirement village;
  • to re finance an existing mortgage on a home.
  • to re finance a debt, owed by the person in relation to the person's retirement village accommodation.
  • to assist the person to obtain a right of residence in a retirement village in the case of an assigned advance.

3.3.2.1 Enlargement.  Under this term the predominant purpose of the loan and the bulk of the cost must be associated with increasing the internal floor space of the house.  In circumstances where there are renovations or repairs associated with the enlargement but the renovations or repairs are not the main cost factor, the certificate should be issued for enlargement.

3.3.2.2 Modification.  This term is to be used where the predominant purpose of the loan does not involve increasing the internal floor space of the home.  However, incidental increases to the size of the home such as the enclosure of existing sleepouts or the installation of a bay window would be included in this definition.  They are modifications in that they change the purpose for which an existing area is used.  This definition also covers such things as :

  • renovation of existing facilities such as kitchens and bathrooms;
  • changing the purpose of a room such as converting a store to a living area;
  • other internal modifications such as removing walls, adding windows etc.;
  • other works which do not increase the internal living area of the home eg garages, decks, pergolas etc.

3.3.2.3 Repairs.  This term covers making good something which is in a state of disrepair.  This includes replacing something which is defective.

3.3.2.4. Assignment.  This provision may be used when the provider of the accommodation is a retirement village managed by an organisation whose prime purpose is to provide accommodation to veterans and veterans' widows (although it is extremely unlikely that a retirement village organisation would accept assignment of a loan), or is an individual who can provide satisfactory security or who will provide granny flat type housing.  The advance will be assigned to the provider (the "assignee") who will assume the legal responsibilities for the advance.  Loans for this purpose are not subject to the DSH lending criteria specified in Schedule C to the Agreement, but rather the Bank's normal lending criteria for loans of this type.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/33-initial-subsidised-advance/332-purposes

3.4 Additional Advance

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance

3.4.1 Details of Benefit

An additional advance may be approved for an existing borrower, who has not borrowed the current maximum amount available under the legislation in respect of the property.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/341-details-benefit

3.4.2 Purposes

An additional advance may be approved for the following purposes:-

  • to enlarge, modify or repair a person's home or retirement village accommodation;
  • to pay road making charges;
  • to re finance an existing mortgage on the home. 
  • to re finance a debt, owed by the person, in relation to the person's retirement village accommodation.
  • to assist the person to continue holding a right of residence in a retirement village in the case of an assigned advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/342-purposes

3.4.3 Conditions for Assistance

An additional advance is subject to the usual conditions concerning the granting of initial or further advances, ie the tests of eligibility, ownership and occupation have to be met.

3.4.3.1. Assignment. An additional advance may only be assigned where the current initial or further advance has been assigned.  This provision may be used to assist a person to continue to hold a right of residence in a retirement village.  The advance will be assigned to the provider (the "assignee") who will assume the legal responsibilities for the advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/343-conditions-assistance

3.4.4 Amount

The underlying principle and general intent of the legislation is that eligible persons should have once only access to the maximum loan amount of $25,000, either by way of an initial advance or in combination with subsequent additional advances and/or further advances. The amount of an additional advance is therefore restricted to an amount necessary to fulfil the purpose for which the additional advance is made, but not more than the amount calculated under the following guidelines.

  • The difference between $25,000 and the total of the initial or further advance and any previous additional advance made to the person.  In deciding whether to use the amount of the initial or one of a possible number of further advances in this calculation, delegates are to apply whichever amount that provides for the client to gain equitable once only access to the maximum loan amount.  Once having gained that access, no residual is available. [Please see examples at Appendix B at the conclusion of the Entitlement GO's.]  It is stressed that the amounts of advances referred to in these calculations are the amounts actually advanced and not the current outstanding liability.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/344-amount

3.4.5 Interest Rate

The interest rate on new additional advances is capped at 6.85%pa, but variable at 1.5%pa below the Benchmark Rate if the Benchmark Rate is below 8.35%pa.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/345-interest-rate

3.4.6 Term

An additional advance is written over the remaining term of the existing DSH advance, unless the Secretary or delegate determines that a longer term would be appropriate having regard to the circumstances of the case.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/346-term

3.4.7 Top-up Facility

Sub-clause 11.20 of the Agreement allows the Bank to 'top-up' an existing Subsidised Advance Loan Account with a new Additional Advance.  This is possible only where the interest rate and terms of both loans are compatible.  Reference to this facility is to be included on the Additional Advance certificate of entitlement where appropriate.  These arrangements could have fees implications for borrowers.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/34-additional-advance/347-top-facility

3.5 Further Subsidised Advance

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance

3.5.1 Purposes

A further subsidised advance is:

  • available for the same purposes and on the same conditions as a subsidised advance;
  • restricted to an amount equal to the limit of the previous subsidised advance;
  • to have an interest rate or interest rates that applied to the last preceding previous advance or advances; and
  • to have the balance of term or terms that applied to the last preceding previous advance or advances.

NOTE:  If the previous advance was not current on 9 May 1995, the total used terms of previous advances must not have exceeded 25 years as at that date.

NOTE:  Please see Ent GO 3.5.5 for further details re interest rates applicable.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance/351-purposes

3.5.2 When to Apply

An applicant is able to apply for DSH assistance when moving from home to home on any number of occasions while ever there is an amount available as a 'limit' on the immediately preceding advance and an unused balance of term as described in Ent GO's 3.5.1 and 3.5.6.  There is no time restriction on the lodging of an application for a further subsidised advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance/352-when-apply

3.5.3 Issue of Certificate of Entitlement

A certificate of entitlement  may be issued by a delegate, once the eligible person meets the entitlement criteria.

NOTE: Sub-clause 11.2A of the Agreement provides for the continuation of subsidy for up to six months after the sale of a home where the borrower intends to acquire another home with DSH assistance within six months of the sale.  In these circumstances the application for, and issue of, another certificate of entitlement is not necessary.  These arrangements could have fees implications for the borrower.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance/353-issue-certificate-entitlement

3.5.4 Amount

An amount equal to the limit of the last Corporation advance, subsidised advance or contract of sale in relation to which the person was a borrower or purchaser or $25,000, whichever is less.  In working out the limit, the last advance is to include the amount of any additional advance that has subsequently been made to the person.  In summary, where a client with:-

(a)an initial advance has received an additional advance/s, the amount available for portability is the lesser of $25,000 or the sum of the limit of the initial advance when discharged and the limit of the additional advance/s when discharged;

(b) a further advance has received an additional advance/s, the amount available for portability is the lesser of $25,000 or the sum of the limit of the further advance when discharged and the limit of the additional advance/s when discharged.

The limit as defined in the Agreement with the Bank which forms Schedule 1 to the Act is the original amount lent to a Borrower as that amount is:

(a) increased by:

the amount of all Loan Maintenance Fees debited to that Borrower's Subsidised Advance Loan Account; and

the amount of all taxes or duties on receipts or payments to or from that account (including without limitation financial institutions duty) which are debited to that account; and

(b) reduced by any scheduled repayments of principal and payments of Loan Maintenance Fees (whether these repayments or payments were made or not); and

(c)increased by any amount of Instalment Relief granted by the Bank pursuant to a Certificate of Entitlement.

The amount of any further advance, would of course by definition in Section 4 of the Act, exclude the amount of any widow/widower advance or an advance for essential repairs.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance/354-amount

3.5.5 Interest rate

The capped interest rate on a further advance is that interest rate or interest rates that applied to the last advance or advances that preceded the application for further subsidised assistance, but disregarding the 1.5 per cent reduction off the Benchmark Rate (the 'Reduced Benchmark Rate') provided for in section 35AA of the Act.  Having set that rate as the capped rate to apply to the further advance, section 35AA is then applied if that rate exceeds the 'Reduced Benchmark Rate'.  The certificate of entitlement is to contain a statement setting out the effect of section 35AA.

Where the last advance was a tiered loan which had been discharged before 5 January 1998, the capped interest rate on any further advance is to be the 'collapsed effective rate' of that loan in accordance with Sub-section 34(2A) of the Act, again disregarding the 1.5 per cent reduction off the Benchmark Rate (the 'Reduced Benchmark Rate') provided for in section 35AA.  Having set that rate as the capped rate to apply to the further advance, section 35AA is then applied if that rate exceeds the 'Reduced Benchmark Rate'.  The certificate of entitlement is to contain a statement setting out the effect of section 35AA.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance/355-interest-rate

3.5.6 Term

The term of a further advance is the balance of the term or terms which applied to the last previous advance or advances that preceded the application for further subsidised assistance.

NOTE:  If the previous advance was not current on 9 May 1995, the total used terms of previous advances must not have exceeded 25 years as at that date.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/35-further-subsidised-advance/356-term

3.6 Inclusions

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions

3.6.1 Eligible Person and Spouse or De Facto Partner

An eligible person may be joined in the advance by his/her spouse or de facto partner.   Subsidised advances may be allowed in the joint names of an eligible person and spouse or de facto partner provided they hold the land for which the advance is made as joint tenants.

3.6.1.1Purchase of equity in property. Applications to purchase equity in a property are to be processed as applications to 'buy'.  Should the other owner not be a spouse or de facto partner of the applicant, ownership will need to be as a tenant in common and subject to the equity rule in section 17A(2) of the Act.  Where the property is already subject to a DSH subsidised advance, the existing borrower will need to apply for a transfer certificate under section 22 in addition to the purchaser's application.  Where the existing borrower is ineligible (ie an ineligible transferee before 8/1/91) the subsequent transfer application is to be refused.  Where the existing eligible owner is the spouse or de facto partner of the current applicant, the parties will have a choice of either joint tenancy or tenancy in common.  (Please also see Ent GO 3.6.4 below).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions/361-eligible-person-and-spouse-or-de-facto-partner

3.6.2 Joint Eligibles

Two eligible persons may pool their DSH entitlements on the one property provided they are spouses or de facto partners. Such advances are available to each applicant on the same terms and conditions as is appropriate to their individual status.  Applications received from eligible persons who are not spouses or de facto partners can only proceed where the title is to be held as tenants in common.  (Please also see Ent GO 3.6.4 below).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions/362-joint-eligibles

3.6.3 Two or More Eligibles-Nursing Services

Two or more nurses who come within the paragraphs (b) and (d) of the definition of 'Australian Soldier' may be assisted in respect of a building to be used as a hospital, sanatorium or nursing home.  The assistance may be made to one such person or to two or more such persons jointly (either as joint tenants or as tenants in common).  In the case of two or more persons the subsidised advance shall not exceed the sum of the amounts which could have been made if a subsidised loan had been made to each of those persons separately.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions/363-two-or-more-eligibles-nursing-services

3.6.4 Tenants in Common

An eligible person may be issued with a certificate of entitlement for a subsidised advance in respect of a holding which is held with another person or persons as tenants in common.  In order to ensure that there is no leakage of the eligible person's loan benefit to ineligible people, the value of the eligible person's tenancy must be at least equal to the amount of the subsidised advance.  An eligible person may hold as tenant in common with a spouse or de facto partner, or with any number of other persons, subject to the proviso regarding the value of the eligible person's tenancy.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions/364-tenants-common

3.6.5 Widows/Widowers with Own Entitlement

Widows/widowers who are eligible on the basis of their own service as well as their spouse's or de facto partner's service are able to receive the benefits to which they would have been entitled had their spouses or de facto partners not predeceased them. ie they are allowed to "pool" the entitlements.  Two Certificates of Entitlement (each for a maximum of up to $25000 where neither entitlement has been used before, or the relevant limit balances where loans have been partly used) may be issued to a widow/widower where that person is both an eligible person in her/his own right and the widow/widower of an eligible person, provided that the widow/widower has not legally remarried at the time of determining eligibility on the widow/widower status.  Two separate but cross referenced Certificates of Entitlement should be issued if assistance is approved.

It is important that the widow/widower is counselled fully on her/his entitlements because the chance to obtain dual assistance is a once-only opportunity.  If she/he decides to take only one advance (ie. an advance is obtained on the person's own eligibility either as an Australian soldier or as a widow/widower), she/he would be unable to obtain the other advance at a later date.  This is because she/he will become a borrower otherwise than merely because she/he was a joint borrower with her/his spouse or de facto partner and therefore her/his circumstances would no longer satisfy the criteria for an initial advance as defined in Section 4 of the Act.  However, it is equally important to note that this rule does not apply in cases where the widow is eligible as a WWII ex-servicewoman as provided by subsection 4(2AA), nor to a 'veteran widower' of such a person, because of the special provisions contained in subsections 4(2AB) and 4(2AC) in relation to further and initial advances.

Where a married couple has pooled their entitlements and one of them dies, the survivor may receive two further advances.  Both further advances would be for the limits of the loans at the time they were discharged.  Again this is a once-only opportunity.

Eligibility GO 12.2.1 outlines three categories of widows/widowers in circumstances where their spouses or de facto partners have received assistance. The three categories are:-

(i) where an advance, taken out as joint tenants, was discharged prior to the death of the person on whose service the advance was granted;

(ii)where an advance, taken out as joint tenants, was current when the person on whose service the advance was granted died.  The widow/widower would then become the sole borrower through survivorship without using her/his own entitlement; and

(iii) where an advance was taken out by the now deceased person in his/her sole name.

A widow/widower in either of the first two categories has previously been a purchaser or borrower merely because she/he was a joint purchaser or borrower with her/his spouse or de facto partner and became such a purchaser or borrower on the basis that her/his spouse or de facto partner was an eligible person.  Therefore, such persons are included among those able to receive initial advances as defined in ss4(1).

For category (iii) widows/widowers, a property which is subject to a DSH loan is allowed to remain in the name of the estate.  Under these circumstances, a subsidy would continue to be paid without affecting the widow's/widower's entitlement.  It is not necessary to transfer the property to a surviving spouse or de facto partner for a subsidy to continue. If the property and the loan are not transferred, no entitlement is lost.  A widow/widower in category (iii) would become a borrower in her/his own right if she/he elected to transfer the property to her/his name as beneficiary and would therefore no longer be entitled to receive an initial advance.  As mentioned above, this rule does not apply to WWII ex-servicewomen covered by subsection 4(2AA), nor to a 'veteran widower' of such a person.

If the property and the loan is transferred, only the limit of the late spouse's or de facto partner's loan is then available for portability purposes.  There is no entitlement to another initial advance.  Where a client seeks a further advance, the normal provisions relating to further advances are to be applied.  Care should be exercised to establish whether the widow/widower has remarried since the original Certificate of Entitlement was issued- remarriage voids the status of a widow/widower.  Where a widow/widower has remarried, only a subsidised loan granted in respect of that person's own service may be taken into account for determining the amount of the further advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions/365-widowswidowers-own-entitlement

3.6.6 Ownership of Another House

Most forms of ownership of other houses are barriers to eligible persons utilising their DSH entitlement until such time as they have disposed of their interest in them.  Reference to ownership as an exclusion to assistance is covered in Ent GO 3.7.5.  However, there are circumstances where certain forms of ownership do not result in bars to assistance and are therefore listed in this part of the General Orders as inclusions.  The details are:-

3.6.6.1 Permanently Separated Spouses or De facto Partners.  Where the applicant and spouse or de facto partner are permanently separated, the ownership of a house by the permanently separated spouse or de facto partner will not prevent the issue of a Certificate of Entitlement. The term 'permanently separated' applies to the circumstances where parties to a marriage have severed the marital relationship resulting in an evident breakdown of marriage. The applicant must complete a statutory declaration attesting to the significant factors supporting the claim. The permanent separation provision is included in the Act to ensure that those persons whose marriage has broken down, but who choose not to divorce, are not disadvantaged. It is important that each case be determined according to its circumstances but, as a general principle, a separation of more than twelve months will be regarded as permanent unless there are reasons to consider otherwise.

3.6.6.2 Ownership of a Combined Business and House.  Ownership of a property consisting of a combined business and residence by the applicant and/or the spouse or de facto partner of the applicant does not constitute ownership of another house for the purpose of the Act where documentary evidence shows that the use of the house portion of the property by the operator of the business (other than the applicant and/or spouse of the applicant) is a necessary incident to the operation of the business, and therefore is unable to be occupied by the applicant as a home.

3.6.6.3 Ownership of a House Subject to Exclusive Occupancy Rights or a Life Interest.  Where an applicant and/or the spouse or de facto partner of the applicant either solely or together own a house, and a life interest or an exclusive occupancy right is vested in another person, the interest in that house does not constitute ownership of another house providing the vesting of the interest was created by circumstances beyond the control of the applicant or the spouse, ie. by virtue of a Will or Court Order. If an interest in a house is divested by mutual consent or voluntary agreement (other than a trust) it is considered that the house is still owned by the registered owner.

3.6.6.4 Ownership of a House which is Subject of a Trust.  An applicant is not considered to be the owner of a house, even if he remains on the title document as the owner, where he has passed the beneficial ownership of the house by the creation of a valid declaration of a trust, to the beneficiaries of that trust. The delegate should ensure that only those trusts which are considered to divest the ownership and which are not revocable are recognised.

3.6.6.5 Ownership of Shares in a Company which Owns a House or Unit.  A company is a legal entity separate and distinct from its shareholders and a shareholder has no legal or equitable interest in land registered in the name of the company. As it is the company in which the entire legal and equitable interest is vested, ownership of shares in a company which owns a house or unit does not make a shareholder an owner of a house even where that person holds controlling shares in the company.

3.6.6.6 Ownership of a House which has been Sold under a Contract of Sale.  The execution of a binding contract of sale for a house, of which the applicant and/or the spouse or de facto partner are/is joint registered owners or sole owner, makes the purchaser the equitable owner of the property and assistance may be made available. However, a Certificate of Entitlement cannot be issued until the conditions in the contract have been complied with or where contemporaneous settlements of the sale of one home and the purchase of another with DSH assistance are to occur.[Entitlement GO 3.7.5.4 also refers]. When conditions in a contract have been complied with a certificate may be issued even though settlement may not yet have occurred.

3.6.6.7 Ownership of a House Situated Outside Australia and its Territories.  The Act has no application outside Australia and ownership of a house outside Australia and its Territories should be disregarded.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/36-inclusions/366-ownership-another-house

3.7 Exclusions

The following circumstances will generally prevent an eligible person from utilising his/her entitlement to a subsidised advance, or exercising portability.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions

3.7.1 Purchase of Land

A subsidised loan is not available to purchase land solely.  However, where a client genuinely intends to proceed with the building of a home within a reasonable time and construction is to be completed within five years of settlement, a Certificate of Entitlement should not be refused merely because the advance will be applied initially to the purchase of the land only.  The decision should be based on consideration of both the intended purpose and the intention to occupy.  [Please also see Entitlement GO 3.7.6.]

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/371-purchase-land

3.7.2 Previous WSH/DSH Assistance

A person who has been assisted under the Defence Service Homes Act 1918 and who discharged his/her liability prior to 9 December 1987 is not entitled to any further assistance unless assisted solely as a spouse.  Where the previous liability was discharged in the period immediately prior to 9 December 1987,  the date of registration of the discharge of mortgage should be ascertained to determine when the person ceased to be a borrower for the purposes of Section 19.  [NOI 42 of 6 September 1995 also refers.]

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/372-previous-wshdsh-assistance

3.7.3 War Service Land Settlement Scheme

A person who has received assistance under this Scheme and who has not discharged his/her liability is not entitled to DSH assistance.  An exception may be made where, although the liability has not been repaid, the property has been returned to the administering department, or transferred to a family member.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/373-war-service-land-settlement-scheme

3.7.4 Cash Grants

A person who received money from the Commonwealth after 9 December 1987 by way of a cash grant instead of an advance under the Defence Service Homes Act 1918 or payment instead of such cash grant, received that payment on the written understanding that they would not be entitled to any further assistance under the Act.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/374-cash-grants

3.7.5 Ownership of Another House

Assistance will be not be granted where either the eligible person or spouse or de facto partner is the owner of a house other than the one which is the subject of the application.  In deciding whether ownership exists, two elements must be tested.  Firstly, the property must represent a suitable security for a loan having regard to the usual test - acceptable holdings, whether it is a house etc.  Secondly, the applicant or spouse or de facto partner if applicable must not own another house as either a single tenant or as a joint tenant, no matter who the other joint tenant(s) may be.  An interest should not be considered as ownership if it does not meet both elements of the test.  Although holding other property as a company shareholder or as a company title shareholder might satisfy the first part of the test, it would not be considered ownership under the second part.

Though joint tenants as between themselves have separate rights as far as outsiders are concerned, each is treated as the single owner of the entire property. A Tenancy in Common is co-ownership under which each tenant has a distinct interest in the property, though no one tenant has a right to possession of any particular part of the property.  A tenant in common could not as an individual, be regarded as the owner of another home, but rather is a person who has a share or interest in another home.  Ownership of another home as a tenant in common, even where the only other tenant in common is the applicant's spouse or de facto partner, would not constitute ownership in terms of subsection 18(2)(b) or (e).  Likewise ownership of shares in a company which owns another home does not make a shareholder an owner even where that person holds controlling shares in the company.  A company is a legal entity separate and distinct from its shareholders and a shareholder has no legal or equitable interest in land registered in the name of a company.  Notwithstanding that the legislation provides for assistance under company titles, a shareholder cannot be regarded as the owner of any property held in this way.

3.7.5.1 House.  As a general principle, a structure may be considered to have the status of a house if it is legally able to be occupied; it is, or will be, able to satisfy the reasonable tests of a house (eg. provides sleeping and living accommodation, and facilities for ablutions, cooking, laundering etc.); and the title is an acceptable holding as defined in the legislation.

3.7.5.2 Owner.  Includes any person who has purchased or contracted to purchase a house.  Generally, for the purposes of the legislation, an owner is a person having a complete legal or equitable interest in a house.  Thus properties in which the applicant and/or any proposed joint tenant of the applicant, share an interest with other persons as tenants in common will not result in refusal to grant assistance.

3.7.5.3 Ownership of another house by either the applicant's  spouse or de facto partner will result in a refusal to grant assistance. Where the applicant has both a  spouse and de facto partner, the delegate must be satisfied that neither of them owns another home.  Alternatively, if one of them owns a home, the Delegate must be satisfied that the applicant is permanently separated from that spouse or de facto partner.

3.7.5.4 Issue of Certificate of Entitlement.  A Certificate of Entitlement cannot normally be issued while the applicant or his/her spouse or de facto partner owns another home. Where the applicant owns another home which is to be sold, a Conditional Letter should be issued.  An exception to this general rule may be made where contemporaneous settlements of the sale of one home and the purchase of another are to occur.  Delegates are to exercise their discretion to ensure that clients are not disadvantaged in such circumstances.  Where the home being sold is a Defence Service home, the amount box on the C of E should show "see special information box".  The special information box might contain a statement along the lines of "amount of advance must not exceed the limit of the immediately preceding DSH advance/s, excluding any amount owing on essential repairs advances and/or widows'/widowers' advances."

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/375-ownership-another-house

3.7.6 Intention to Occupy

A person must intend to use the house, which is the subject of the application, as a home for him/herself and dependants.  An exception is where nurses are being assisted to acquire a hospital, sanatorium or nursing-home.

3.7.6.1 Intention.  Whether there is a real likelihood of the intention being realised is a relevant consideration.  It would be expected that a decision to refuse to issue a certificate of entitlement would be based on facts that generally are not capable of any other conclusion.

3.7.6.2 Time Limits.  Whether the intention to use the house for the prescribed purpose will be met within a reasonable time is relevant to the genuineness of the intention.  What is a reasonable time will vary having regard to the circumstances of each case, but where a certificate is issued to buy land and build a home and the funds are used for the purchase of land with the intention of building, it is a requirement that the home is completed within five years from settlement of the loan.  Failure to complete construction of a house capable of being occupied within five years will result in cancellation of subsidy and a change in the rate of interest to the Bank's investment rates or alternative finance.  Clients should be warned of these possible implications in such cases.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/376-intention-occupy

3.7.7 Home

The most common meaning of home as it is used in the legislation is a person's usual or habitual place of residence.  However, the term is capable of wider meaning and a house may be regarded as a home in some circumstances where there is not habitual or continuous residence.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/377-home

3.7.8 Marriage of Two Eligible Persons-Each in receipt of an Advance

Where a subsidy is being paid in respect of a person who becomes the spouse or de facto partner of another person who is also the beneficiary of a subsidy, the Secretary may cancel the subsidy in respect of one of the persons.  Cancellation of subsidy under this section of the legislation [ss.26.(4)], is discretionary and should not be taken as a matter of course.  [Please see Procedural GO 1.5 also].  The power to cancel subsidy has been in the legislation well before the insertion of the amendments allowing portability and the pooling of entitlements.  Presuming both parties met the entitlement criteria (ie did not own another dwelling etc) at the time they received their Certificates of Entitlement, action to cancel one of the subsidies would not normally be taken.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/37-exclusions/378-marriage-two-eligible-persons-each-receipt-advance

3.8 Miscellaneous

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/38-miscellaneous

3.8.1 Dwelling-houses for incapacitated soldiers

Section 47 of the DSH Act empowers the Secretary to provide a dwelling-house for the use of a person who is receiving or is eligible to receive, a pension under Part II of the Veterans' Entitlements Act 1986 and to whom Section 24 of that Act applies, ie the Special Rate (T&PI) or (Blinded) pension.

Assistance under this provision is rarely provided and would not involve the usual application for a Certificate of Entitlement.  If a request for such assistance is received, full details of the case should be forwarded to the DHOAS Administration Manager at an early stage.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/advances-initial-additional-and-further/3-policy/38-miscellaneous/381-dwelling-houses-incapacitated-soldiers

2 CLIENT NAMES

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names

2.1 SURNAMES (family name)

(SURNAME FIELD HAS MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/21-surnames-family-name

DSH DATA ENTRY PROTOCOLS

The following protocols are to be observed when entering clients' surnames in the Surname field:-

(a) where applicable hyphens without spaces are to be used;

(b) where applicable apostrophes between letters are not permitted;

(c) spaces between letters are not permitted;

(d) commas or full stops are not permitted.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/21-surnames-family-name/dsh-data-entry-protocols

EXAMPLES

Examples of clients' surnames based on these protocols are:-

DATASTANDARD

Watkins-SmithWATKINS-SMITH

L' StrangeLSTRANGE

O'SullivanOSULLIVAN

Le StrangeLESTRANGE

de BoarDEBOAR

St JohnSTJOHN

D'ArcyDARCY

Van den BergVANDENBERG

McCaulayMCCAULAY

MacKayMACKAY

NOTE

It is important to note that in the case of spaced surnames such as Van den Berg they are to be recorded in the DSH database as 'VANDENBERG' for the surname and 'VAN DEN BERG' for the correspondence surname (Addressee Line 1) as follows:

CLIENT DETAILS

Client Number   0000894    0

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given JOHN PAUL............................16-JUN-1953                        ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

           Line 2.....................................................

           Line 3................Street Name   Type  .................

Street No ...    .....................................     ........

       Town ............................State ...... Postcode ......

Country .....................Foreign Postcode.....

The protocol for entering correspondence surnames is at Data Entry Protocol GO 2.2.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/21-surnames-family-name/examples

2.2 CORRESPONDENCE SURNAMES (family names)

(PART OF ADDRESSEE LINE 1 WHICH HAS MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/22-correspondence-surnames-family-names

DSH DATA ENTRY PROTOCOLS

The following protocols are to be observed when entering clients' surnames in the Correspondence Surname Addressee Line 1 field:-

(a) where applicable hyphens without spaces are permitted;

(b) where applicable apostrophes between letters are permitted for correspondence address only (eg L'STRANGE);

(c) where applicable appropriate spaces between letters are permitted for correspondence addresses only (For example, DE BOAR, VAN DEN BERG );

(d) Deceased estates are to be recorded at Addressee Line 1 eg. 'ESTATE OF J P VAN DEN BERG';

(e) commas or full stops are not permitted.

NOTE

Please note the difference in the protocols for Surnames and Correspondence Surnames recorded at Addressee line 1);

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/22-correspondence-surnames-family-names/dsh-data-entry-protocols

EXAMPLES

Examples of clients' correspondence surnames in Addressee Line 1 based on these protocols are:-

DATASTANDARD

Watkins-SmithWATKINS-SMITH

L' StrangeL' STRANGE

O'SullivanO'SULLIVAN

Le StrangeLE STRANGE

de BoarDE BOAR

St JohnST JOHN

D'ArcyD'ARCY

Van den BergVAN DEN BERG

McCaulayMCCAULAY

MacKayMACKAY

Correspondence surname (eg Van den Berg) should be shown as it appears in the application or other record to reflect the client's preference.  This name is recorded against 'Addressee Line 1' as VAN DEN BERG as shown below:

     CLIENT DETAILS

Client Number   0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given JOHN PAUL............................  16-JUN-1953                     ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

           Line 2.....................................................

              Line 3................Street Name   Type  .................

Street No ......    .....................................  ........

       Town ............................State ...... Postcode ......

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/22-correspondence-surnames-family-names/examples

2.2.1 WHERE CORRESPONDENCE NAMES EXCEED MAXIMUM 30 CHARACTERS FOR ADDRESSEE LINE 1

Where combined names and initials (eg MR J P VAN DEN BERG & MS K M MART) exceed 30 characters, the combined names are to be split over Addressee Line 1 and 2

In these cases the second name will begin at Addressee Line 2 preceded by '&'.  (see Example 9 page 37).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/22-correspondence-surnames-family-names/221-where-correspondence-names-exceed-maximum-30-characters-addressee-line-1

2.3 GIVEN NAMES

(GIVEN NAMES FIELD HAS MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/23-given-names

DSH DATA ENTRY PROTOCOLS

The following protocols are to be observed when entering clients' Given Names:

(a) given names are to be recorded in full;

(b) where applicable hyphens without spaces are permitted;

(c) where applicable apostrophes between letters are not permitted;

(d) spaces between letters are not permitted;

(e) commas or full stops are not permitted;

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/23-given-names/dsh-data-entry-protocols

EXAMPLES

Examples of clients' Given Names based on these protocols are:-

DATASTANDARD

JanetJANET

Janet MargaretJANET MARGARET

Anne-MarieANNE-MARIE

Pamela St ClarePAMELA STCLARE

John Paul`JOHN PAUL

Full Given Names (eg John Paul) are recorded against 'Given' as follows:

     CLIENT DETAILS

Client Number   0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given JOHN PAUL............................16-JUN-1953                        ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

            Line 2.....................................................

               Line 3................Street Name   Type  .................

Street No ......    .......................................  ........

       Town ............................State ...... Postcode ......

Country .....................Foreign Postcode.....

NOTE

Please note the difference between Given names and Addressee line 1 where only initials are shown.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/23-given-names/examples

2.4 CORRESPONDENCE GIVEN NAMES (initials)

(PART OF ADDRESSEE LINE 1 FIELD MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/24-correspondence-given-names-initials

DSH DATA ENTRY PROTOCOLS

The following protocols are to be observed when entering clients' Given Names for correspondence purposes in Addressee Line 1:

(a) correspondence record to show initials only;

(b) full stops are not permitted after initials;

(c) spaces to be used between initials;

(d) where applicable hyphens between initials are to be used (eg A-M for Anne-Marie);

(e) apostrophes are not permitted;

NOTE

(a) Please note the difference between Given Names and Correspondence Names at Addressee line 1;

(b)** the exception to showing initials only arises where SIR or LADY appears.  For example, in this case Addressee Line 1 would show SIR JOHN VAN DEN BERG not SIR J P VAN DEN BERG.  If LADY (given name) VAN DEN BERG's name is required, the full title would be, (eg) 'SIR JOHN & LADY ENID VAN DEN BERG';

(c) If the number of name characters exceeds maximum of 30 characters see Paragraph 2.2.1).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/24-correspondence-given-names-initials/dsh-data-entry-protocols

EXAMPLES

Examples of clients' Correspondence Given Names based on these protocols are:-

DATASTANDARD

JanetJ

Janet MargaretJ M

Anne-MarieA-M

Pamela St ClareP STC

John PaulJ P

Given names for correspondence purposes are to be recorded at Addressee line 1 as honorific (eg MR, MRS, CAPT etc) followed by initials only **  as follows:

     CLIENT DETAILS

Client Number   0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given..JOHN PAUL...........................16-JUN-1953                    .

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

           Line 2.....................................................

              Line 3................Street Name   Type  .................

Street No ......    ......................................   ........

       Town ............................State ...... Postcode ......

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/24-correspondence-given-names-initials/examples

2.5 NAMES (other issues)

There may be names such as those shown below which do not easily identify which part of the name is the family name and which part(s) is the given name.  Further, it is customary for some names to show the family name first.  However, the application, or any other form which clearly identifies the family and given names, will be the principal source of details.  In all cases the names will be recorded in the correspondence fields in the sequence of given names (initials) then family name.

TONG TRAN VAN

WAH MAI LEE

DAVID STEVEN

STEVEN DAVID

In the above case of WAH MAI LEE the first name (WAH) is the family name.  However, the name will be shown in the correspondence field Addressee Line 1 as MS M L WAH because WAH in this case is the family name.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/25-names-other-issues

2.6 CHANGING CORRESPONDENCE NAMES (Addressee Line 1)

A client may express a desire or preference for his/her name to appear on correspondence in a format which differs from that alluded to in the previous paragraph.  Such changes can easily be incorporated at any time simply by changing Addressee Line 1.  Similarly, changes may be made to Addressee Lines 2 & 3 details at any time (refer also Paragraphs 5.4 and 5.5).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/2-client-names/26-changing-correspondence-names-addressee-line-1

2 Legislation

Last amended: 25 September 2013

(1)In this Act, unless the contrary intention appears:

home support advance means a subsidised advance to a person referred to in section 21A for a purpose referred to in that section.

eligible veteran means:

(a)a person covered by paragraph (a) of the definition of veteran in subsection 5C(1) of the Veterans' Entitlements Act 1986; or

(b)a member of the Forces (within the meaning of subsection 68(1) of that Act); or

(c)a member of a Peacekeeping Force (within the meaning of subsection 68(1) of that Act); or

(d)a widow or widower (within the meaning of subsection 5E(1) of that Act) of a person covered by paragraph (a), (b) or (c) of this definition.

21A Criteria for issue of certificate of entitlement: home support advances

The Secretary must not issue a certificate of entitlement in relation to subsidy on a home support advance that a person may seek from a credit provider unless the Secretary is satisfied that:

(a)the person is an eligible person (disregarding subsection 4(2C)) or is an eligible veteran; and

(b)either:

(i)the person is the owner of a dwelling-house; or

(ii)the person has a right of residence in a retirement village; and

(c)the advance is for a purpose related to the dwelling-house or the right of residence in the retirement village (other than for a purpose mentioned in paragraph 18(2)(a), (b), (c), (d), (f), (h) or (k)) that will assist the person to remain independently housed; and

(d)if a certificate of entitlement has been issued to the person in relation to an initial advance, an additional advance or a further advance—an advance has been made by the credit provider in accordance with the certificate or an advance that would be in accordance with the certificate has been refused by the credit provider; and

(e)if the person is liable to pay the outstanding amount of any one or more of the following:

(i)an initial advance;

(ii)an additional advance;

(iii)a further advance;

the sum of those outstanding amounts is less than $10,000; and

(f)a certificate of entitlement that relates to an initial advance, an additional advance or a further advance could not be issued to the person in respect of the application concerned.

25  Maximum amounts for which subsidy is payable

(1)Subject to this section, the amount that shall be specified under paragraph 17(3)(a) in a certificate of entitlement issued to a person in relation to a subsidised advance that the person may seek from a credit provider is:

(a) ...

              (e)              in the case of a home support advance—such amount as the Secretary determines is necessary to give effect to the purpose for which the advance is made, being an amount that is not more than:

(i)if no previous home support advances have been made to the person—$10,000; or

(ii)if any previous home support advances have been made to the person—$10,000 reduced by the sum of those previous advances.

35AAA  Rate of interest on home support advance

The rate of interest that must be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to a home support advance that a person may seek from a credit provider is 6.85% per year.

36  Maximum terms of advances

(1)Subject to section 37, the maximum term to be specified under paragraph 17(3)(b) in a certificate of entitlement in relation to a subsidised advance that a person may seek from a credit provider is:

(a)in the case of an initial advance or of a home support advance—25 years;

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/2-legislation

Relief Schemes

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes

4 Introduction

The responsibility for maintaining a DSH house in a state of good order and repair, as well as maintaining monthly DSH instalments, rests with the borrower.  However, it is recognised that either or both, can, at times, be beyond the financial resources of some borrowers. The legislation therefore makes provision for assistance with essential repairs or instalment relief, in cases where borrowers are financially incapable of effecting repairs which are essential for the preservation of the property, or maintaining normal monthly instalments. It does not transfer responsibility for maintenance or instalment payments from the borrower to the Commonwealth. That responsibility remains with the borrower.

A widow or widower or dependent parent of an eligible person, who is experiencing difficulty maintaining payment of rates, taxes, charges or other outgoings associated with the DSH house, may also be considered for assistance.

Assignment of the initial or further advance does not prevent the assignor from applying for widow/widower advances or advances for essential repairs.  However, instalment relief is not available for assignors or assignees.  As for initial or further advances, assignors seeking these advances will need to apply for both certificates of entitlement and assignment.

The legislation empowers the Secretary to issue a certificate of entitlement:

  • to existing borrowers;

  • for assistance necessary to effect essential repairs to the DSH house, or
  • to reduce a DSH subsidy instalment,

  • to existing DSH borrowers who are widows, widowers, and, in certain circumstances, to widowed parents of eligible persons for payment of;

  • land/water rates,
  • units maintenance levy,
  • home insurance premium, or
  • repairs to keep the buildings, fences, fixtures and other improvement in good order and repair,

if the borrower is suffering serious financial hardship, or in some instances financial hardship, for the purposes of the legislation.

In considering if a borrower is suffering from financial hardship or serious financial hardship, a delegate needs to consider each case in line with the legislation and the Hardship Guidelines, (as approved by the Minister). (Please see Entitlement GO Chapter 6).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/4-introduction

5 DSH LEGISLATION

The information appearing below is directly quoted from the Defence Service Homes Act 1918.  Sections are clearly stated and subsections are bracketed.

Section 4 (1)  In this Act, unless the contrary intention appears -

"advance for essential repairs" means a subsidised advance to a person referred to in section 21 for the purpose referred to in that section;

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is the product of a relationship the person has or had as a couple with a third person (whether of the same sex or a different sex). For this purpose, the other person cannot be the product of the relationship unless he or she is the biological child of at least one of the person or the third person or was born to a woman in the relationship.

"dependent parent" (where eligible person died on or after 1 July 2009) means a parent of a person mentioned in paragraphs (a) to (g) of the definition of "Eligible person" if:

(a) the person so mentioned:

(i)is dead; and

(ii)at the time of death, was not legally married; and

(b) one of the following subparagraphs applies:

(i)the parent is a widow or widower and was dependent on the person before the person became an eligible person;

(ii)the parent's spouse or de facto partner is so incapacitated as to be unable to contribute materially to that parent's support;

"dependent parent" (where eligible person died before 1 July 2009) means a parent of a person mentioned in paragraphs (a) to (g) of the definition of "Eligible person" if:

(a) the person so mentioned:

(i)is dead; and

(ii)at the time of death, was not legally married; and

(b) one of the following subparagraphs applies:

(i)the parent is a widow or widower and was dependent on the person before the person became an eligible person;

(ii)the parent's husband or wife is so incapacitated as to be unable to contribute materially to that parent's support;

"instalment relief" has the same meaning as in the agreement;

(See later this chapter.)

widow of a person who has died includes a woman who was a de facto partner of the person immediately before the person died.

This definition of widow in subsection 4(1) of the Defence Service Homes Act 1918 applies in relation to someone whose de facto partner dies on or after the commencement of the amendment to the definition of widow by the Sam-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (1 July 2009).  The previous definition (stated below) applies where the (eligible) person dies before 1 July 2009.

"Widow", in relation to an eligible person who died after the commencement of section 3 of the Defence Service Homes Amendment Act 1978, includes a woman who lived with the eligible person as his wife on a permanent and bona fide domestic basis, although not legally married to him;

widower of a person who has died includes a man who was a de facto partner of the person immediately before the person died.

This definition of widower in subsection 4(1) of the Defence Service Homes Act 1918 applies in relation to someone whose de facto partner dies on or after the commencement of the amendment to the definition of widower by the Sam-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (1 July 2009). The previous definition (stated below) applies where the (eligible) person dies before 1 July 2009.

"Widower", in relation to an eligible person who died after the commencement of paragraph 4(d) of the amending Act, includes a man who lived with the eligible person as her husband on a permanent and bona fide domestic basis, although not legally married to her;

"Widow or widower advance" means a subsidised advance to a person referred to in section 20 for a purpose referred to in that section;

Section 15 (1)  A person may apply to the Secretary for any of the following:

...

(d)a certificate of entitlement in relation to instalment relief that the person may seek from the Bank.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation

Criteria for the issue of certificate of entitlement: widows' advances

Section 20 (1)  The Secretary shall not issue a certificate of entitlement in relation to subsidy on a widow or widower advance that a person may seek from the Bank unless satisfied that:

(a) the person is:

(i)the widow, widower, or widowed parent of an eligible person; or

(ii)a spouse or de facto partner of an eligible person who is temporarily or permanently insane; and

(b) the person is a purchaser or borrower in relation to:

(i)land; or

(ii)land and a dwelling-house; or

(iii)a right of residence in a retirement village

(c) the widow or widower advance relates to that land, land and dwelling-house or right of residence.

(1A) For the purposes of paragraph (1)(b), the person is taken to be a borrower in relation to a right of residence in a retirement village if the person is, or will be, an assignor in relation to the advance.

Section 20 (2)  The Secretary shall not issue a certificate of entitlement in relation to a subsidy on a widow or widower advance that a person may seek from the Bank unless satisfied that:

(a) the advance is for the purpose of keeping the buildings, fences, fixtures and other improvements on the relevant land or of the person's retirement village accommodation in good order and repair and it would cause financial hardship to the person if he or she were to bear the cost of keeping them in good order and repair; or

(b)the advance is for the purpose of paying rates, taxes, charges or other outgoings in relation to the relevant land, land and dwelling-house or right of residence in a retirement village and it would cause financial hardship to the person if he or she were to pay those rates, taxes, charges or other outgoings.

Section 20 (3)  In deciding whether a person is suffering financial hardship for the purposes of paragraph (2)(a) or (b), the Secretary is to have regard to any guidelines approved by the Minister under subsection (4).

Section 20 (4)  The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering financial hardship for the purposes of this Act.

Section 20 (5)  Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purpose of section 46A of the Acts Interpretation Act 1901.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation/criteria-issue-certificate-entitlement-widows-advances

Criteria for issue of certificate of entitlement: advances made for essential repairs

Section 21 (1)  The Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance for essential repairs that a person may seek from the Bank unless satisfied that:

(a) the person is an eligible person who is a purchaser or a borrower in relation to:

(i)land; or

(ii)land and a dwelling-house; or

(iii)a right of residence in a retirement village;

(b) the advance relates to that land, land and dwelling-house or right of residence;

(c) the advance is for the purpose of enabling the person to effect repairs essential to keep the buildings, fences, fixtures and other improvements on that land or of that person's retirement village accommodation in good order and repair; and

(d) it would cause serious financial hardship to the person if he or she were to bear the cost of keeping them in good order and repair.

(1A) For the purposes of paragraph (1)(a), the person is taken to be a borrower in relation to a right of residence in a retirement village if the person is, or will be, an assignor in relation to the advance.

Section 21 (2)  In deciding whether a person is suffering serious financial hardship for the purposes of paragraph (1)(d), the Secretary is to have regard to any guidelines approved by the Minister under subsection (3).

Section 21 (3)  The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering serious financial hardship for the purposes of this Act.

Section 21 (4)  Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46A of the Acts Interpretation  Act 1901.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation/criteria-issue-certificate-entitlement-advances-made-essential-repairs

Certificate of entitlement: instalment relief

Section 23 (1)  Where, on application by a person for a certificate of entitlement in relation to instalment relief that the person may seek from the Bank, the Secretary is satisfied that:

(a)the applicant is a purchaser or borrower who is:

(i)the widow or widower of an eligible person; or

(ii)a widowed parent  of an eligible person; or

(iii)a spouse or de facto partner of an eligible person who is temporarily or permanently insane; or

(b)the applicant is not a person referred to in paragraph (a) but is a purchaser or a borrower who is an eligible person and the amounts of the instalments payable under the relevant contract of sale, mortgage or other security include an amount of interest calculated at a rate of more than 3.75% per year;

and that it would cause financial hardship to the applicant if the applicant were to pay in full the amounts of the instalments, the Secretary shall determine the amount by which the amounts of the instalments should be reduced and the period during which that reduction should apply.

Section 23 (2)  Where the Secretary makes a determination, the Secretary shall issue to the applicant a certificate of entitlement specifying:

(a)the amount by which the amounts of the instalments should be reduced and the period during which that reduction should apply; and

(b)particulars of such other matters (if any) as are required by the agreement.

Section 23 (3)  The Secretary shall cause a copy of each certificate of entitlement under this section to be given to the Bank.

Section 23 (4)  On the issue of a certificate of entitlement under this section, the amounts of instalments payable under the contract of sale, mortgage or other security to which the certificate relates are, if the Bank grants instalment relief to the applicant, reduced by the amount specified in the certificate during the period specified in the certificate.

Section 23 (5)  In deciding whether a person is suffering financial hardship for the purposes of subsection (1), the Secretary is to have regard to any guidelines approved by the Minister under subsection (6).

Section 23 (6)  The Minister may approve guidelines setting out matters to be taken into account in deciding whether a person is suffering financial hardship for the purposes of this Act.

Section 23 (7)  Guidelines approved by the Minister in accordance with this section are disallowable instruments for the purposes of section 46A of the Acts Interpretation  Act 1901.

Maximum amounts for which subsidy is payable

Section 25 (1)  Subject to this section, the amount that shall be specified under paragraph 17(3)(a) in a certificate of entitlement issued to a person in relation to a subsidised advance that the person may seek from the Bank is:

...

(c) in the case of a widow or widower advance or an advance for essential repairs - such an amount as the Secretary determines is necessary to give effect to the purpose for which the advance is made; and

...

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation/certificate-entitlement-instalment-relief

Rate of interest on widows' advances

Section 32  The rate of interest that shall be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to a widow or widower advance that a person may seek from the Bank is 3.75% per year.

Rate of interest on advances for essential repairs

Section 35  The rate of interest that shall be specified under paragraph 17(3)(d) in a certificate of entitlement in relation to an advance for essential repairs that a person may seek from the Bank is 6.85% per year.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation/rate-interest-widows-advances

Maximum terms of advances

Section 36 (1)  Subject to section 37, the maximum term to be specified under paragraph 17(3)(b) in a certificate of entitlement in relation to a subsidised advance that a person may seek from the Bank is:

...

(b) in the case of an additional advance, a widow or widower advance or an advance for essential repairs:

(i)a term equal to the unexpired part of the term of the borrower's initial advance, further advance or Corporation advance, or of the purchaser's contract of sale, as the case may be; or

(ii)If the Secretary determines that a longer maximum term would be appropriate, having regard to the circumstances of the case - such longer term as the Secretary determines;

...

Section 36 (3)  Where the term of a specified portfolio asset which vests in the Bank under section 6B, or of a subsidised advance increases as a result of a grant of instalment relief to the purchaser or borrower, the maximum term of that specified portfolio asset or advance shall be taken to have been increased by a period equal to the period by which the term of that asset or advance was so increased.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation/maximum-terms-advances

SCHEDULE 1 to the Act

Agreement between the Commonwealth of Australia and Westpac Banking Corporation

7.1Applications

7.1.1In the event of an applicant approaching the Bank for

...

(b)Instalment Relief; and/or

...

the Bank shall provide the applicant with an application for a Certificate of Entitlement which application shall be completed by the applicant.

7.1.2The Bank agrees that nothing in this Agreement prohibits an applicant for a Certificate of Entitlement from applying initially directly to the Commonwealth for the purpose of obtaining such Certificate except that in the case of an application for a Certificate of Entitlement for Instalment Relief, such application can only be made through the Bank.

7.1.3The Bank or the applicant shall forthwith on completion of an application for a Certificate of Entitlement forward that application to the Commonwealth.

7.1.4On receipt by the Commonwealth of a completed application for a Certificate of Entitlement either from the Bank or an applicant, the Commonwealth shall proceed to determine whether the applicant is an Entitled applicant and, if so, shall issue to the applicant a Certificate of Entitlement.

7.1.5On receipt by the Commonwealth of a completed application for a Certificate of Entitlement for Instalment Relief from the Bank, the Commonwealth shall proceed to determine whether the applicant is an Entitled applicant and, if so, shall issue a Certificate of Entitlement within seven (7) days of receipt of the said application by the Commonwealth.

7.7Failure to meeting Lending Criteria

The Bank further agrees that the failure by an Entitled Applicant to meet the lending criteria set out in Schedule "C" will be the sole basis for a refusal in whole or in part by the Bank to make the Subsidised Advance or grant the Instalment Relief or give effect to the Commonwealth's consent to the Transfer of Land and Subsidy sought by the Entitled Applicant.

8.4Instalment Relief

The parties agree that where the Bank provides Instalment Relief, such relief will be granted by:

(a)a reduction in the monthly instalments of the Borrower under the Specified Portfolio Asset or Subsidised Advance and an extension in the repayment term of that Specified Portfolio Asset or Subsidised Advance to cover the cost of such reduction, thereby extending the period over which the Commonwealth pays Subsidy to the Bank; and

(b)The incorporation in the Limit of the Subsidised Advance Loan Account applicable to the Specified Portfolio Asset or Subsidised Advance of;

(i)part or all of the amount of Arrears outstanding in that Subsidised Advance Loan Account at the date of effect of the Instalment Relief; and

(ii)unpaid interest where agreed instalments are reduced as a result of the grant of Instalment Relief.

8.7Failure to meet lending criteria

In the event that a Certificate of Entitlement indicates that:

...

(iii) Instalment Relief is to be granted,

and the Entitled Applicant fails to meet the lending criteria set out in Schedule "C", the Bank agrees:

(a)that the Bank shall provide to the Commonwealth its reasons in writing as to why the Entitled Applicant has failed to meet the lending criteria set out in Schedule "C"; and

(b)at the election of the Commonwealth, the Bank and the Commonwealth shall meet to discuss what arrangements, if any, suitable to the Bank and the Commonwealth can be made whereby the Bank will provide the advance or instalment relief to the Entitled Applicant.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/5-dsh-legislation/schedule-1-act

6 Hardship Guidelines & Rates For Assessing Hardship

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/6-hardship-guidelines-rates-assessing-hardship

6.1 Hardship Guidelines

Approved By The Minister For Veterans' Affairs

For The Purposes Of The Defence Service Homes Act 1918

The Secretary is to have regard to the following guidelines when deciding whether a person is suffering Financial Hardship or Serious Financial Hardship for the purposes of the Act.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/6-hardship-guidelines-rates-assessing-hardship/61-hardship-guidelines

Financial Hardship

Financial hardship is considered to exist when the applicant's circumstances come within the General Conditions For Assessing Hardship and the ratio of the commitments on the home to the combined gross income of the applicant and spouse exceeds:

  • 20% - where the combined gross income does not exceed an amount equal to the Maximum Rate Service Pension plus the Basic Income Limit;
  • 25% - where the combined gross income exceeds an amount equal to the Maximum Rate Service Pension plus the Basic Income Limit.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/6-hardship-guidelines-rates-assessing-hardship/financial-hardship

Serious Financial Hardship

Serious financial hardship is considered to exist when the applicant's circumstances come within the General Conditions For Assessing Hardship and the ratio of the commitments on the home to the combined gross income of the applicant and spouse exceeds 35%.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/6-hardship-guidelines-rates-assessing-hardship/serious-financial-hardship

General Conditions For Assessing Hardship

It would be expected generally that:

  • the combined gross income of the applicant and spouse is less than the Average Weekly Earnings for an adult in full time employment in the State in which the home is located;
  • where an applicant and spouse hold assets above the equivalent of the annual amount of the Department of Social Security pension for a single person (rounded to the next $100) plus 20% of that amount for each dependant, and provided that the assets could reasonably be expected to be sold or realised, they will utilise that excess towards:
  • reducing the ratio of commitments on the home; or
  • repaying the mortgage or assisting with the essential repairs;

  • there are no other avenues through which the commitments on the home to income ratio could be reduced, such as negotiating with the lender for a reduction in the instalment by extending the repayment term or by other means; and

  • the applicant has been unsuccessful in obtaining alternative financing;

  • in the case of instalment relief, the amount which an applicant and spouse is expected to contribute towards the commitments on the home is 20% of their combined gross income.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/6-hardship-guidelines-rates-assessing-hardship/general-conditions-assessing-hardship

Definitions

Income: generally includes income derived from:

  • salary, wages
  • employment, business and professional activities
  • investment and property rentals
  • pensions

but does not generally include:

  • allowances for dependent children
  • contributions from a philanthropic organisation
  • board paid by an immediate family member living in the home

Commitments on the home generally include:

  • current mortgage instalments
  • home owners insurance
  • property rates or taxes
  • body corporate or retirement village management and other fees
  • the instalments of a loan raised to pay for essential repairs
  • other commitments that the Secretary considers to be extraordinarily high and warranting inclusion.

Assets do not generally include:

  • the home
  • household chattels
  • a motor vehicle

but generally include non-household goods which are easily converted to cash, such as collections of stamps, antiques, paintings, etc.

Basic Income Limit the maximum income that a person in receipt of the Maximum Rate Service Pension may earn without affecting the amount of pension payable.

MINISTERIAL APPROVAL

I, BENJAMIN CHARLES HUMPHREYS, Minister of State for Veterans' Affairs, hereby approve the above financial hardship and serious financial hardship guidelines in accordance with the provisions of sections 18(5C), 20(4), 21(3) and 23(6) of the Defence Service Homes Act 1918.

Dated, 21st January 1991

MINISTER OF STATE FOR VETERANS' AFFAIRS

RATES FOR ASSESSING HARDSHIP

The current monetary amounts needed to apply the rates referred to in the Minister's approved guidelines for determining whether a person is suffering financial hardship is maintained in a Subsidy Data Sheet on the DVA Intranet.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/6-hardship-guidelines-rates-assessing-hardship/definitions

7 Policy

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy

7.1 General Principles

In accordance with the "Agreement" an application for instalment relief can only be made through the Bank (although if an application is submitted direct to DSH it can be processed).  On receipt of an application from the Bank for instalment relief a delegate is required to determine if the applicant is an entitled applicant. Upon a determination that an applicant is entitled to instalment relief, a certificate of entitlement is to be issued within seven days of receipt of the application.

When considering an application for relief, delegates need to have regard to the approved guidelines in deciding whether an applicant is suffering financial hardship or serious financial hardship for the purposes of certain paragraphs of the Act. (See Hardship Guidelines and the Rates for Assessing Hardship in Chapter 6 Entitlement GO's.)

To ensure the genuineness of the need and to avoid providing, in effect, welfare-like assistance to those with reasonable incomes, the joint income of the applicant and spouse or de facto partner would be expected to be less than the average weekly earnings for an adult in full time employment in the State in which the home is located.

Further, for serious financial hardship cases, a 35% test of housing commitments against income is to be applied. This figure is consistent with the maximum commitments allowed by lenders when considering new loan proposals and the single figure will ensure equity in treatment of applicants.

In financial hardship cases, a 25% test of housing commitments against income is to be applied. This figure is consistent with income tests in the field of welfare housing for those on pensions or low incomes.

Counselling on DSH entitlements should be given to the widow/widower on the death of an eligible person.  (This should include determining if the widow/widower has any entitlement based on her/his own period of qualifying service.)  If instalment relief is being sought, she/he is to be advised that any reduction in instalments does not relieve her/him or the estate from liability to repay the full amount of the loan plus interest.  A widow/widower seeking assistance for the payment of rates or other charges to an authority should also be advised that it may be to her/his advantage to refer first to the authority concerned as a discount, deferment or other assistance to alleviate hardship may be available.

An application for a widow/widower advance should be lodged before arrangements to commence the repairs are made and/or before the rates, taxes, charges or other outgoings in respect of the subject property are paid.

A widow/widower will be expected to make her/his own arrangements to have the repairs effected.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/71-general-principles

7.2 Financial Hardship

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/72-financial-hardship

7.2.1 Widow or Widower Advance

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/72-financial-hardship/721-widow-or-widower-advance

7.2.2 Instalment Relief

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/72-financial-hardship/722-instalment-relief

7.3 Serious Financial Hardship

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/73-serious-financial-hardship

7.3.1 Advance for Essential Repairs

The Secretary may issue a certificate of entitlement on an advance for essential repairs.

 

Before issuing a certificate of entitlement, the Secretary must be satisfied that it would cause serious financial hardship to the person if he or she were to bear the cost of essential repairs to keep the buildings, fences, fixtures and other improvements on the land in good order and repair.

 

The Secretary may have regard to any guidelines approved by the Minister when deciding whether a person is suffering serious financial hardship for these purposes.

 

Consideration should be given to the general condition of the property or to the practicability of approving further assistance to acquiring another property using the portability option if the house has reached the end of its economic life, or it is otherwise uneconomical to carry out repairs.

 

Assistance to complete essential repairs is only available where the applicant has already received the maximum advance of $25,000.  Where the maximum assistance has not been provided and the loan remains current, it might be possible for the repairs to be completed by way of assistance with an Additional Advance (Entitlement GO 3.4 refers),  without the need for the applicant to satisfy the Serious Financial Hardship Guidelines.  The interest rates for Additional Advances and Advances for Essential Repairs are identical so there is no disadvantage for the applicant in that regard.  In addition, if the applicant ever needed further assistance at some future time, he/she would benefit from having the amount of any Additional Advance included in the limit available, whereas any advance for Essential Repairs would be excluded.

 

The borrower will be expected to make his/her own arrangements to have the repairs effected.

 

7.3.1.1Assignment.  The presence of an assigned initial or further advance does not prevent the approval of an application for an advance for essential repairs which may also be assigned.

 

 

 

 

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/73-serious-financial-hardship/731-advance-essential-repairs

7.4 Terms and Conditions of Assistance

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance

7.4.1 Maximum Amount

The Secretary may approve any amount that is necessary for the purpose of the advance to be effected.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/741-maximum-amount

7.4.2 Interest Rates

For a widow or widower advance the interest rate applicable is 3.75%pa.

On advances for essential repairs, the interest rate applicable is capped at 6.85%pa, but variable at 1.5%pa below the Benchmark Rate if the Benchmark Rate is below 8.35%pa.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/742-interest-rates

7.4.3 Maximum Term

The maximum term for relief cases shall equal the remaining term of the applicant's advance, unless the Secretary determines that a longer term is appropriate: ie the remaining term may be so short that the increase in monthly instalments would cause financial hardship.  In such cases the Secretary may approve a term greater than the remaining term.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/743-maximum-term

7.4.4 Top-up Facility

Sub-clause 9.1  of the Fourth Supplementary Agreement added sub-clause 11.20 and allows the Bank to 'top-up' an existing Subsidised Advance Loan Account with a new Advance for Essential Repairs or a new Widow Advance.  This is possible only where the interest rate and terms of both loans are compatible.  Reference to this facility is to be included on the Essential Repairs Advance or Widow Advance certificate of entitlement where appropriate.  These arrangements could have fees implications for borrowers.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/744-top-facility

7.4.5 Occupation of a Dwelling-house - Essential Repairs/Instalment Relief Cases

Paragraph 18(1)(f) of the Act specifies that the dwelling-house or retirement village accommodation in respect of which the advance is payable is intended to be used by the person as a home for the person and any dependants of the person.  Sub-section 18(6) restricts this to advances other than widow/widower advances or advances for essential repairs.  Instalment relief is not an advance under the Act.

Although it is not specified in the Act, it is the intention that a person be in occupation of the property to obtain a widow/widower advance, an advance for essential repairs or instalment relief. This intention recognises the broad objective of maintaining people in their homes for as long as possible and that the general intention of the Scheme is to provide a home for the eligible person and his/her dependants in which to live.

Notwithstanding this, there would be circumstances where it may not be possible for the applicant to be in occupation, but where it would be appropriate for DSH to provide assistance.  Two examples are:-

where the person is in a nursing home but cannot afford to pay for repairs, rates, instalments etc on the DSH property, due to the fees payable to the nursing home.  Assuming the home remained untenanted in anticipation of the applicant returning on possible discharge from the nursing home, it would be reasonable to favourably consider the application;

and

where the person's house is in such a bad state of repair that it is dangerous for him/her to remain in the property.  As the person may be required to pay rent in the alternative accommodation, it would be appropriate for DSH to provide instalment relief in relation to the DSH house, until it is repaired.

While the intention is that the applicant be in occupation of the DSH house, delegates have a discretion to make decisions based on the merits of each particular case.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/745-occupation-dwelling-house-essential-repairsinstalment-relief-cases

7.4.6 Refusal by the Bank

The only reason the Bank can refuse an application is if the client fails to meet the lending criteria set out in Schedule C to the Agreement.

If the Bank refuses to grant instalment relief, a widow/widower advance or an advance for essential repairs, the Bank must provide the Commonwealth with its reasons for refusal in writing.  If the Commonwealth so desires it may meet with the Bank so that suitable arrangements can be made to grant relief or the advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/746-refusal-bank

7.4.7 The Bank's Security Requirements

Generally, the Bank requires a mortgage to be taken for all widow/widower advances granted to a person.  However, no establishment fees are payable for a widow/widower advance.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/relief-schemes/7-policy/74-terms-and-conditions-assistance/747-banks-security-requirements

3 Eligibility

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/3-eligibility

3.1 DSH Legislation

For the purposes of a Home Support Loan, an applicant needs to be either an “Eligible person” [disregarding subsection 4(2C)] or an “eligible veteran” to satisfy section 21A(a).

All definitions of “Eligible person” described in Part 1 of these General Orders therefore apply in order to establish eligibility for Home Support Loan purposes.

Subsection 4(2C) deals with members who have been discharged for misconduct or misbehaviour reasons.  This subsection is disregarded for Home Support Loan purposes, so eligibility can be established for a person who is eligible under the DSH Act  but who cannot be treated as an eligible person for that Act due to a misconduct discharge.

Applicants for a Home Support Loan should be tested for eligibility under the DSH Act first.  By doing so, the person's eligibility for other forms of assistance during the currency of the Home Support Loan can more readily be identified.  In particular, a Widow/Widower/Essential Repairs Advance can only be made available to an “Eligible person”.

In CELS, clients who are eligible only as an eligible veteran should have their service type recorded as "VEA client".  Clients who are an eligible person only as a result of disregarding subsection 4(2c) should have an appropriate Notepad entry made, recording that fact, to avoid the possibility of incorrect information regarding other forms of assistance being provided at a later date.

It should also be noted that subsection 4(2C) does not apply to the widow or widower of the eligible person, should she or he apply for any form of assistance.  Such a person may have an entitlement to an Initial loan rather than a Home Support Loan.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/3-eligibility/31-dsh-legislation

3.2 Policy

Last amended: 25 September 2013

As stated previously, for the purposes of a Home Support Loan, an applicant needs to be either an “Eligible person” or an “eligible veteran” to satisfy section 21A(a).

Where the Department has already made a determination of eligibility under the VEA in relation to a person's service, then this can be relied upon to establish eligibility for the Home Support Loan for Australian veterans.  VIEW should be checked to determine if a client is an existing DVA client.

An application from a client on the basis of being an eligible veteran who is not currently in receipt of a pension from DVA should be discussed with the Team Leader.  Alternatively, an email enquiry can be sent to the Liability & Service Eligibility mailbox for advice.

Delegates should note that Commonwealth veterans, allied veterans and allied mariners are found in paragraph (b) of the definition of “veteran”, and are therefore outside the eligibility definitions for the HSL.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/3-eligibility/32-policy

3 HONORIFICS/TITLES (Name prefixes)

(PART OF ADDRESSEE LINE 1 FIELD MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/3-honorificstitles-name-prefixes

DSH DATA ENTRY PROTOCOL

The following standard abbreviations are to be used for ranks and titles where appropriate.

TITLESTANDARD

A

ABLE SEAMANAB

ACTING SUB-LIEUTENANTA/G SBLT

ADMIRALADML

ADJUTANTADJT

ADJUTANT-GENERALADJT-GEN

AIR CHIEF MARSHALACM

AIRCRAFTMANAC

AIRCRAFTWOMANACW

AIR COMMODOREAIRCDRE

AIR MARSHALAM

AIR VICE MARSHALAVM

ARCHBISHOPARCHBP

ARCHDEACONARCHD

B

BARONESSBNESS

BISHOPBISH

BOMBARDIERBDR

BREVET-COLONELBT-COL

BRIGADIERBRIG

C

CANONCAN

TITLESTANDARD

CAPTAINCAPT

CARDINALCARD

CAPTAIN (Navy)CAPT RN

CHIEF INSPECTORCH INSP

CHIEF PETTY OFFICERCPO

COLONELCOL

COMMANDERCMDR

COMMISSIONERCOM

COMMODORECDRE

CORPORALCPL

D

DEACONDEACN

DOCTORDR

E

EMERITUS PROFESSOREM PROF

ESTATEESTATE OF

F

FATHERFR

FIELD MARSHALFM

FLIGHT SERGEANTFSGT

FLIGHT LIEUTENANTFLTLT

FLYING OFFICERFLGOFF

G

GENERALGEN

GENERAL SIR GEN SIR

GROUP CAPTAINGPCAPT

H

HIS EXCELLENCYHIS EX

HIS HONOUR JUDGEHIS HON JUDGE

HER HONOUR JUDGEHER HON JUDGE

(THE) HONOURABLEHON

HONOURABLE DOCTORHON DR

(THE) HONOURABLE MR JUSTICEHON MR JUST

HONOURABLE SIRHON SIR

I

INSPECTORINSP

J

JUDGEJUDGE

L

LADYLADY

LANCE BOMBARDIERLBDR

LANCE CORPORALLCPL

LEADING AIRCRAFTMANLAC

LEADING AIRCRAFTWOMANLACW

LEADING SEAMANLS

LEADING WRANLW

LIEUTENANTLT

LIEUTENANT COLONEL LTCOL

LIEUTENANT COLONEL (RETIRED)LTCOL(RET)

LIEUTENANT COMMANDERLCDR

LIEUTENANT COMMANDER(RETIRED)LCDR(RET)

LIEUTENANT COMMANDER SIRLCDR SIR

LIEUTENANT GENERALLTGEN

M

MAJORMAJ

MAJOR GENERALMAJGEN

MAJOR GENERAL SIRMAJGEN SIR

MATRONMATRON

MIDSHIPMANMIDN

MISSMISS

MSMS

MRMR

MR AND MRSMR & MRS

MR... AND MS/MISS...MR... & MS/MISS*

MR JUSTICEMR JUST

MRSMRS

* Where initials known for both spouses: MR F & MRS G JONES

   Where only one initial known: MR F & MRS JONES

   Where surnames differMR F KENNEDY & MS G DRUITT

P

PETTY OFFICERPO

PILOT OFFICERPLTOFF

PRIVATEPTE

PROFESSORPROF

PROFESSORPROF SIR

R

REAR ADMIRALRADML

REVERENDREV

REVEREND BROTHERREV BR

REVEREND CANONREV CAN

REVEREND DOCTORREV DR

REVEREND FATHERREV FR

REVEREND MRREV MR

REVEREND PROFESSORREV PROF

RIGHT REVERENDRT REV

RIGHT REVEREND MONSIGNORRT REV MON

S

SECOND LIEUTENANT2LT

SERGEANTSGT

SENATORSEN

SIRSIR

SQUADRON LEADERSQNLDR

SQUADRON LEADERSSQNLDRS

SQUADRON LEADER (RETIRED)SQN LDR (RT)SQNLDR(RET)

SQUADRON OFFICERSQNOFF

STAFF SERGEANTSSGT

SUB LIEUTENANTSBLT

SURGEON CAPTAINSURG CAPT

SURGEON COMMANDERSURG CMDR

V

(THE) VENERABLEVEN

VICE ADMIRALVADML

VICE ADMIRAL SIRVADML SIR

W

WARRANT OFFICERWO

WARRANT OFFICER GRADE 2WO2

WING COMMANDERWGCDR

WRANWRAN

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/3-honorificstitles-name-prefixes/dsh-data-entry-protocol

Transfer of Estate or Interest in a Property

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property

8 Introduction

The legislation provides that a certificate of entitlement may only be issued to a proposed transferee, who is an eligible person.

This gives effect to the Government's decision that a transfer of the estate or interest of a purchaser or borrower in land, land and dwelling-house, or rights of retirement village residence to an ineligible person, is not permitted.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/8-introduction

9 DSH Legislation

The information appearing below is directly quoted from the Defence Service Homes Act 1918.  Sections are clearly stated and sub-sections are bracketed.

Section 4  "transferee" means a person to whom a certificate of entitlement has been issued under section 22;

Section 15 (1)  A person may apply to the Secretary for any of the following:

...

  • a certificate of entitlement in relation to consent that the person may seek from the Bank to a transfer;

...

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/9-dsh-legislation

10 Policy

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy

10.1 General Principles

The legislation provides that a property, subject to a Corporation advance or subsidised advance, cannot be transferred unless a delegate has issued a certificate of entitlement to the proposed transferee.  This does not apply to a transmission of the property to an executor or administrator of the estate following the death of the borrower or in the case of survivorship in joint tenancy holdings.  The restrictive provision of section 22(1) in relation to transfers does not apply to assigned advances.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/101-general-principles

10.2 Definition of a Transfer

A transfer includes all agreements or arrangements providing or purporting to provide for the transfer, grant or disposal of an estate or interest, either legal or equitable, in a property, and includes an option to acquire such an interest.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/102-definition-transfer

10.3 Condition for Issuing a Certificate of Entitlement

A delegate can only issue a certificate of entitlement where he/she has carefully examined all the circumstances of the case and is satisfied, in accordance with the guidelines, that it is reasonable to do so.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/103-condition-issuing-certificate-entitlement

10.4 Discharge of Advance at the Time of Transfer

Where the Corporation advance or subsidised advance is to be discharged at the same time the transfer is to be effected, no DSH approval to the transfer is required.

If the transferee is an eligible person, he or she may apply for assistance in the normal way.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/104-discharge-advance-time-transfer

10.5 Transfer to an Ineligible Person

Requests for a certificate of entitlement to transfer a property, subject to a subsidised advance, to an ineligible person will be refused.  In this case the Corporation advance or subsidised advance must be discharged or renegotiated with the Bank at the time of transfer.  Subsidy will cease at the time of transfer.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/105-transfer-ineligible-person

10.6 Transfer to an eligible person

Section 22 of the Defence Service Homes Act 1918 provides for a Certificate of Entitlement to be issued in relation to a transfer.  Sub-section 22(3) provides that a certificate under this section may be issued only to a proposed transferee who is an eligible person.  Where both parties are eligible requests for a certificate of entitlement to transfer a property, subject to a subsidised advance will be refused unless the request relates to the transferee's loan entitlement.

This is to protect each eligible person's loan entitlement for individual use. Requests of this nature may arise as part of a marriage property settlement.   Sub-section 22(5) provides for certain conditions to be contained in the certificate to be issued.  In particular ss22(5)(b) and (c) provide for the Secretary to specify the maximum amount and term in respect of which subsidy will be paid.  Where the current DSH loan stemmed from the service of the property transferor, the transfer request will be refused, but the transferee is to be informed of the option of applying for either an Initial or Further Advance based on his/her own service, to re finance the property. Such an application would need to satisfy the other usual conditions.

Where the current loan stemmed from the service of the property transferee, the certificate may be issued on the basis that it is that person's loan entitlement that is being transferred.  Where the transferor and transferee have pooled their entitlements the certificate issued to the transferee will be limited to that person's individual loan entitlement.  The transferor may take up his/her portability benefit on another property at any time after the transfer takes effect, provided the original mortgage is discharged contemporaneously with the registration of the new mortgage in single tenancy.  Alternatively he/she must be released from the personal covenants of the mortgage if it remains 'on foot'.  Generally, Westpac require the execution of a new mortgage by the transferee and open a new loan account in the transferee's name.  There has been the odd case where the the transfer is effected (based on transferee's entitlement) subject to the existing mortgage and loan because the transferor is responsible for the repayments under the terms of the Property Settlement.  In this situation, the transferor is prevented from obtaining a Further Advance based on his /her entitlement because he/she is still a borrower as defined in the Act.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/106-transfer-eligible-person

10.7 Transfer to Joint Tenancy with Spouse

A request by an eligible person for a certificate of entitlement to transfer to joint tenancy with a spouse may be approved subject to production of satisfactory evidence of a de jure or de facto marriage.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/107-transfer-joint-tenancy-spouse

10.8 Transfer from Ineligible Person to Joint Tenancy

If a Corporation advance or subsidised advance was taken over by an ineligible person (generally due to Family Law transfer consented to prior to 8/1/91), any request from that ineligible person for a certificate of entitlement to transfer to joint tenancy with:

  • another ineligible person, will be refused.
  • an eligible person, may be granted. However, such a transfer will remove the eligible person's right to apply for initial assistance under his or her own eligibility, as he or she will become a borrower under the legislation on the completion of the transfer and the Bank complying with the terms of the certificate.  Alternatively, the eligible person may apply for initial assistance in the normal way.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/108-transfer-ineligible-person-joint-tenancy

10.9 Vesting Order by a Court

An order by a Court vesting the estate or interest in a property in a person or persons, is not legally a transfer until recorded on the Certificate of Title. However, if the vesting order is made subject to the consent of DSH, a certificate of entitlement for the transfer may be issued. Such consent may be given only where the circumstances would allow a certificate of entitlement to be issued in accordance with the legislation ie. the transferee is an eligible person.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/109-vesting-order-court

10.10 Family Court Orders

Requests for a certificate of entitlement to transfer a property, subject to a subsidised advance, to an ineligible person will be refused.  In this case the Corporation advance or subsidised advance must be discharged at the time of transfer and subsidy must cease.  Options which may be available to an ineligible spouse are:

  • leaving the property in the joint names of the eligible person and spouse (eligible person could not obtain Further Advance in this situation);
  • approaching Westpac for a transfer of the loan on an unsubsidised basis;
  • re financing through another financial institution; or
  • selling the property.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1010-family-court-orders

10.11 Transfer without Consent

If a person transfers a property or an interest in a property which is subject to a Corporation advance or subsidised advance, without the consent of DSH, a delegate can issue a certificate of entitlement in relation to the transfer only if the transfer is such that it would have attracted a certificate of entitlement if it had been submitted for a certificate prior to the transfer ie. the transferee is an eligible person or the transfer was one from the single tenancy of an eligible person into joint tenancy with his or her spouse. This is also provided no subsequent event would warrant consent being withheld.

Where the transfer is one which would not have attracted a certificate of entitlement, the subsidy may be cancelled in accordance with Section 26 of the Act.  Subsidy paid since the day of the transfer may also be recovered in accordance with Section 29.  Full details on the cancellation and recovery of subsidy are contained in Chapters 6 and 7 of Part 4 Subsidy Administration General Orders.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1011-transfer-without-consent

10.12 Transfer to Tenancy in Common

Section 17A of the Defence Service Homes Act 1918 sets out the criteria for issuing a certificate of entitlement in joint names or as tenants in common.  Accordingly, a subsequent transfer to a tenancy in common may be approved subject to the requirements of section 22 being met.  The removal of the power to transfer to an ineligible person means that a transfer to a tenancy in common situation can now be effected only if the applicant transferee is an eligible person.  In reaching the conclusion in accordance with subsection 22(2) that in all the circumstances it is reasonable to issue a certificate in relation to the transfer, the tenancy equity rule specified in subsection 17A(2) is to be satisfied.  An application from an ineligible spouse to transfer to tenancy in common should be refused in accordance with subsection 22(3) of the Act.  An application from the eligible person where that person's proposed equity is to be less than the amount of the subsidised loan should be refused in accordance with subsection 22(2)(a) because, in all the circumstances, it is not reasonable to approve the issue of a certificate.  The circumstance which is unreasonable is the non-compliance with subsection 17A(2) of the Act.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1012-transfer-tenancy-common

10.13 Transfer of a Property, Subject to a Corporation Advance or Subsidised Advance, by the Personal Representative of a Deceased Borrower

(a) Where the transferee is an eligible person, including widow/widower and dependent parents, he or she must apply for a certificate of entitlement in accordance with the legislation.

(b) Where the transferee is an ineligible person the subsidy will be cancelled.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1013-transfer-property-subject-corporation-advance-or-subsidised-advance-personal-representative-deceased-borrower

10.14 Death of a Joint Tenant

Upon the death of a joint tenant and the survivor becoming the sole owner of the property, the interest which the deceased had in the property does not form part of the estate. Therefore there is no transfer as such in these circumstances, as the interest of the deceased transmits automatically to the survivor.  This action is completed on registration of a Notice of Death (NSW, ACT), Record of Death (Qld), Survivorship (Vic, SA, WA, Tas) on the Title.  All obligations fall on the surviving joint tenant.  Accordingly, the personal representative of the deceased estate has no connection with the property.  Upon the death of the surviving joint tenant, or surviving member of a 'veteran/spouse couple' if title previously not in joint tenancy, subsidy is to be cancelled in accordance with Subsidy Administration GO 6.2.2.1.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1014-death-joint-tenant

10.15 Application by a Judgement Creditor for Consent to Levy Execution against a Property subject to a Corporation Advance or Subsidised Advance (writ of fieri facias)

Consent will normally not be given to applications by a judgement creditor to levy execution against the property or to proceed with any action or proposal which would result in the borrower losing his/her right, title or interest in his or her property or being dispossessed therefrom while he or she is complying with the requirements of the Act and any mortgage.  Where it is considered  that there are exceptional circumstances similar to those provided for in  Administrative Framework and Decision Making GO 10.3.2 which justify the exercising of the powers of s45A of the Act, details of the case may be referred to Administration Manager (DHOAS) CO for consideration in accordance with that GO.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1015-application-judgement-creditor-consent-levy-execution-against-property-subject-corporation-advance-or-subsidised-advance-writ

10.16 Term of Transferred Advance

In the case of an advance transferred to a transferee, the term will equal the unexpired part of the advance so transferred.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1016-term-transferred-advance

10.17 Interest Rates of Transferred Advance

The interest rate applicable to the subsidised advance prior to the transfer will continue after the transfer has been effected.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/transfer-estate-or-interest-property/10-policy/1017-interest-rates-transferred-advance

4 AWARDS/MEDALS ABBREVIATIONS (Name suffixes)

(PART OF ADDRESSEE LINE 1 FIELD MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/4-awardsmedals-abbreviations-name-suffixes

DSH DATA ENTRY PROTOCOL

The following standard abbreviations are to be used for awards where appropriate.

ABBREV.AWARD

A

ACCompanion of the Order of Australia

ADDame of the Order of Australia

AFCAir Force Cross

AFMAir Force Medal

AKKnight of the Order of Australia

AMMember of the Order of Australia

Albert Medal (converted to George Cross 1971)

AOOfficer of the Order of Australia

APFAustralian Permanent Forces

B

BMBravery Medal (Australia)

BWMBritish War Medal

C

CBCompanion of the Order of the Bath

CBECompanion of the Order of the British Empire

CGMConspicuous Gallantry Medal

CMGCompanion of the Order of St Michael and St George

CVCross of Valour (Australia)

D

DBEDame Commander of the Order of the British Empire

DCBDame Commander of the Order of the Bath

DCMGDame Commander of the Order of St Michael and St George

DCVODame Commander of the Royal Victorian Order

DFCDistinguished Flying Cross

DFMDistinguished Flying Medal

DSCDistinguished Service Cross

DSMDistinguished Service Medal

DSOCompanion of the Distinguished Service Order

E

EGMEmpire Gallantry Medal

EMEdward Medal (converted to George Cross 1971)

G

GBEDame Grand Cross of the Order of the British Empire

Knight Grand Cross of the Order of the British Empire

GCGeorge Cross

GCBDame Grand Cross of the Order of the Bath

Knight Grand Cross of the Order of the Bath

GCMGDame Grand Cross of the Order of St Michael and St George

Knight Grand Cross of the Order of St Michael and St George

GCSGKnight Grand Cross, Order of Gregory the Great

GCVODame Grand Cross of the Royal Victorian Order

Knight Grand Cross of the Royal Victorian Order

GMGeorge Medal

GMBGrand Master of the Order of the Bath

GMBEGrand Master of the Order of the British Empire

GSMGeneral Service Medal

J

JPJustice of the Peace

K

KBKnight of the Order of the Bath

KBEKnight Commander of the Order of the British Empire

KCKnight Commander

KCBKnight Commander of the Order of the Bath

KCMGKnight Commander of the Order of St Gregory & St George

KCVOKnight Commander of the Royal Victorian Order

KGKnight of the Order of the Garland

KGCKnight of the Golden Circle

KGCBKnight Grand Cross of the Order of the Bath

KGCSGKnight Grand Cross of the Order of St Gregory

KGEKnight of the Golden Eagle

KMKnight of Malta

KSGKnight of St George

KTKnight of the Order of the Thistle

M

MCMilitary Cross

MMMilitary Medal

O

OAMMedal of the Order of Australia

OBEOfficer of the Order of the British Empire

QPMQueen's Police Medal

S

SCStar of Courage (Australia)

SGMSea Gallantry Medal

V

VCVictoria Cross

VRDVolunteer Reserve Officers' Decoration (Naval)

Award/Medal abbreviations are to be recorded at Addressee Line 1 as follows:

    CLIENT DETAILS

Client Number   0000895

Surname.. PRENDEGAST-JONES.........Date of Birth................. Death Indicator....

Given..CYRIL BORTHWICK...............10-JUN-1913                       ...

Addressee Line 1 SIR CYRIL PRENDEGAST-JONES OBE Telephone Nos

                 Line 2

                 Line 3 Street Name   Type  Street NoLOT 315 FOWLER Road

       Town   ILLAWONG..........................State NSW  Postcode 2234

Country .....................Foreign Postcode.....

NOTE

(a) Name to be shown as advised by client.

If the client uses any award or decoration suffix on any advice, correspondence or application form, then that award or decoration suffix should be used in Addressee Line 1.

(b) Where award causes Addressee Line 1 characters to exceed maximum of 30.

If a client has an award which causes the Addressee Line 1 to exceed the maximum of 30 characters, do not include the award as a name suffix.  (refer also Paragraph 2.2.1).

(c) Changes to Addressee Lines 1, 2 & 3.

Changes may be made at any time.  (refer also Paragraph 2.6)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/4-awardsmedals-abbreviations-name-suffixes/dsh-data-entry-protocol

4 Entitlement

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/4-entitlement

4.1 Ownership

Last amended: 25 September 2013

Subsection 21A(b) requires that the person must be either the owner of the dwelling-house, or have a right of residence in a retirement village / granny flat.  A person in rental accommodation cannot access a Home Support Loan.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/4-entitlement/41-ownership

4.2 Purposes

To paraphrase the Act, the purpose of the Home Support Loan is related to the dwelling-house or right of residence that will assist the person to remain independently housed.

The usual purposes for which the Home Support Loan would be considered include

  • any additions, repairs or modifications to the property,
  • maintenance to the home,
  • any safety or security issues that need attention.

However, it is recognised that there may be many other purposes for which assistance will be sought.

It is important for delegates to note that the actual purpose of the Home Support Loan is to assist a person to remain independently housed.  The secondary qualification is that the purpose is related to the dwelling-hose.  The word "related" in its usual sense means associated, connected or allied by nature, origin, kinship etc.

A purpose can be related to a dwelling-house directly.  This means any purpose directly related to the house, outbuildings, appurtenances, fences, utility services etc.  However, a purpose may relate to a dwelling-house indirectly, due to its location or features as they impact on the ability of the person to remain housed there.  As mentioned, we cannot assist with alternative accommodation, but we can consider a Home Support Loan where the purpose meets the wording and beneficial intent of the legislation.

Delegates should therefore carefully consider the purpose of assistance as presented by applicants, and seek guidance from senior staff where a proposed purpose is novel, but deserves consideration given the circumstances of the applicant.  Where it is considered that the purpose for which a Home Support Loan is sought fails to have any direct or indirect link to the dwelling-house, delegates should ensure that the Statement of Reasons provides clear information to that effect.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/4-entitlement/42-purposes

4.3 Exclusions

Last amended: 25 September 2013

Some purposes have been specifically excluded, being to build a home, buy a home, buy land and build a home, obtain a right of residence, complete a partially built home or right of residence, or to discharge a mortgage over the home or right of residence (provision of a granny flat is related to the enlargement of a home).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/4-entitlement/43-exclusions

4.4 Other entitlement

Last amended: 25 September 2013

Where an applicant has an entitlement to an initial, additional or further advance, that entitlement must be considered first.  If such a certificate cannot be issued (eg, because the applicant or spouse own another home), then a Home Support Loan can be considered.

If a certificate for an initial, further or additional advance is issued, it must be presented to the bank.  An applicant cannot hold on to a certificate that has been issued as an initial, further or additional advance, and receive a Home Support Loan certificate.  Subsection 21A(d) prevents this from happening.  If the bank declines to make an initial, further or additional advance available, then that entitlement can be disregarded and a Home Support Loan certificate can be considered.

If the applicant already has outstanding subsidised loan balances and/or entitlement/s (excluding Widow/Widower/Essential Repairs Advances) that exceed $10,000, then a Home Support Loan cannot be approved.  Due to the operation of subsection 21A(d), any existing entitlements are included in the $10,000 maximum, unless a Certificate of Entitlement cannot be issued, or the bank has refused such a loan.

It is not intended to penalise any applicant who has a relatively small further or additional advance entitlement.  Given the fees and charges associated with establishing such loans, it would be uneconomic for the applicant to proceed, and unreasonable of us to insist.  Where an Entitlement amount is below $3,000, or in cases where the remaining term is too marginal (eg under 2 years), then any such entitlement should be disregarded from the $10,000 calculation.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/4-entitlement/44-other-entitlement

Widows'/Widowers' Benefits

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits

11 Widows'/Widowers' Benefits

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/11-widowswidowers-benefits

Introduction

In view of the complex nature of the legislation covering benefits available to widows/widowers, a ready reference table is contained in Appendix A to assist staff in advising of the options available.  It is essential that delegates explain all the options in each category when advising the widow/widower, although it is recognised that some options may not be all that practical, dependent upon the circumstances. It is important that once the options are explained, the final decision on what benefit to apply for is left to the widow/widower.

In the table, references to a widow of an eligible person should be read to include references to a widower of an eligible person and similarly, references to a husband should also include a wife or de facto partner.  The benefits available in the Additional Advance and Widow/Essential Repairs Advances columns are dependent upon the benefit in the Loan column being taken up.  The table format, although comprehensive may not cover all widows'/widowers' circumstances.  Any case in circumstances not covered by the table should be discussed with Team Leader/Senior Subsidy Officer , particularly where the widow has completed her own military service.

Where the applicant's circumstances indicate a Further Advance option, staff must check that the portability provisions are satisfied, eg previous loan current at, or funded after, 9/12/87, and where the previous loan was not current at 9 May 1995 that previous terms have not exceeded 25 years.  Care also needs to be exercised in relation to the effective dates of legislative changes which bestow the benefits, ie. De-facto widows are eligible as widows if the person with qualifying service died after 10/11/78 De-facto widowers of female veterans are eligible if the person with qualifying service died after 18 December 1988.  De facto partners are eligible if the eligible person died on or after 1 July 2009.

It is important to note that Instalment Relief does not comprise an advance nor alter the status of the Initial/Further Advance, and so the granting of Instalment Relief does not affect the beneficiary's status as a borrower.  In other words, it is possible for a surviving joint tenant to receive Instalment Relief and retain eligibility for an Initial Advance.

Staff should be fully conversant with the legislation and other parts of the General Orders before using the table.  Relevant GO's related to widows'/widowers' benefits are located in Eligibility Chapter 10 and GO 12.2.1 and Entitlement GO 3.6.4, Chapters 4,5,6 and 7, and GO's 10.13 and 10.14.  It is emphasised that the complexities of some of the legislative provisions mean that they are open to some debate and variance in interpretation.  Where this is so, the table applies a policy consistent with a beneficial interpretation of the legislation and sets down uniform guidelines to follow for the majority of cases.  However, there may be cases where widows have received or acted upon previous DSH advice given under earlier views of the same legislation.  It is not intended that the guidelines in the table would disadvantage those clients who have received or acted upon previous contrary advice given before the table was issued.  Delegates are encouraged to consider the merits of cases in accordance with the provisions of the legislation and to satisfy themselves that such widows are not disadvantaged.

A table setting out the various benefit options available to widows/widowers is provided in the following pages in Appendix A

[for 11.1 to 11.3, see <a href="HW-DSH/GO/Widows'/Widowers' Benefits/Appendix A">Appendix A]

11.4ND "DSH/GO/Transfer of Estate or Interest in a Property/11/Introduction">

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/11-widowswidowers-benefits/introduction

11.4 Widows with own service in World War II

It is important to note the special provisions in subsection 4(2AB) in relation to members of the World War II Women's Services listed in subsection 4(2AA).  These provisions ensure that any entitlement gained under subsection 4(2AA) will not be affected by, nor will affect, any entitlement under the Defence Service Homes Scheme gained as a spouse or de facto partner, widow or dependant parent of an eligible person.  This means that the WWII women listed in subsection 4(2AA) who have received benefits directly or indirectly as spouses of eligible persons will retain their entitlements to separate loan benefits as WWII ex-servicewomen quite independently of any other assistance.  In these circumstances the references to once only opportunities in 11.1 and 11.2 of the widows' table do not apply to those persons.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/11-widowswidowers-benefits/114-widows-own-service-world-war-ii

11.5 'Veteran Widowers' of WWII Women

It is important to note the special provisions in subsection 4(2AC) in relation to 'veteran widowers' of the WWII Women's Services listed in subsection 4(2AA).  These provisions ensure that any entitlement gained as a widower of a WWII ex-servicewoman covered under subsection 4(2AA) will not be affected by, nor will affect, any entitlement under the Defence Service Homes Scheme gained as an eligible veteran, spouse or de facto partner, widower or dependant parent of an eligible person.  This means that the 'veteran widowers'of the WWII women listed in subsection 4(2AA) will retain an entitlement to initial assistance on one occasion and subsequent further assistance on any number of occasions as widowers irrespective of whether they have been assisted on their own service, or as a spouse, widower or dependant parent.  This includes access to concurrent assistance on both entitlements if both are unused.  In these circumstances the references to once only opportunities in 11.1 and 11.2 of the widows' table do not apply to those persons.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/11-widowswidowers-benefits/115-veteran-widowers-wwii-women

Appendix A Widows' Table

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/appendix-widows-table

11.1 WIDOW/WIDOWER - NO SERVICE

CATEGORY

LOAN

TERM

ADD ADVANCE

WIDOW/WIDOWER/

ESSENTIAL REPAIRS ADVANCES

11.1.1. Eligible  spouse not assisted.

Initial Advance of up to $25,000.

25 years

Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.  Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

11.1.2.  Spouse assisted solely - DSH loan discharged before his/her death.

Initial Advance of up to $25,000.

25 years

Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.  Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

11.1.3.  Spouse assisted solely - DSH loan current at death, and either still current or since discharged, widow/widower wishes to move.

  • 11.1.3.1 - If transferred to widow/widower before discharge of liability.

Further Advance under portability provisions only, because widow/widower becomes a borrower in own right at the time of transfer.

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available for the amount by which $25,000 exceeds the sum of the limit at transfer to the sole tenant and any Additional Advances made to the widow/widower after the transfer. Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Transfer because widow/widower became a borrower at that time.

  • 11.1.3.2 - If not transferred to widow/widower before she/he moves.

Initial Advance of up to $25,000.

25 years

Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.  Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

11.1.4.  Spouse assisted solely - DSH loan current at his/her death, widow/widower wishes to remain in DSH.

  • 11.1.4.1 - If property to be transferred to her/him as beneficiary.

HAS TWO OPTIONS

(1)  Transfer CE issued under S22. Takes over balance of late  spouse's loan - amount, and interest rate remain unchanged- loses entitlement to Initial Advance as widow/widower becomes a borrower in own right; OR

(1)  Takes over balance of term of late spouse's loan.

Available for the amount by which $25,000 exceeds the sum of the limit at transfer to the sole tenant and any Additional Advances made to the widow/widower.  Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after transfer.

2)  Initial Advance CE issued for a purpose in S18(2). May receive an Initial Advance to discharge spouse's loan, eg O/L $4,000 and borrow further up to $21,000 to modify/repair/enlarge at same time. (If later application to modify, etc, Add/Adv available).

(2)  25 years.

(2)  Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.  Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

  • 11.1.4.2 - If property not to be transferred to widow/widower as beneficiary - ie. remains in the name of the estate

Continues to pay off existing loan in estate's name at the same rate as late  spouse. (The widow/widower retains her/his entitlement to an Initial Advance).

Continuation of term of late  spouse's loan.

Not available – widow/widower is not a purchaser or borrower.

Not available – she/he is not a purchaser or borrower.

11.1.5. Assisted as a joint tenant with late  spouse - loan not discharged - no Add. Advance or Widow/Widower/ Essential Repairs Advance taken as a widow/widower.

  • 11.1.5.1 – Widow/widower wishes to move

Initial Advance of up to $25,000.

25 years.

Available if $25,000 exceeds the amount of the Initial Advance to the widow/widower.  The term of any Additional Advance is the unexpired term of the Initial Advance to the widow/widower, or such longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

  • 11.1.5.2 – Widow/widower wishes to remain in DSH.

HAS TWO OPTIONS

Widow/widower should be counselled accordingly.  Read in conjunction with COI 18 .

(1)  May receive an Initial Advance to discharge  spouse's loan - eg. O/L $4,000 and borrow further up to $21,000 to modify/repair/enlarge at same time. (if later application to modify, etc Add/Adv. available.); OR

25 years.

Available if $25,000 exceeds the amount of the Initial Advance to the widow/widower.  The term of any Additional Advance is the unexpired term of the Initial Advance to the widow/widower, or such longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

(2)  Continues to pay off existing loan at the same rate as previously. Widow/widower retains her/his entitlement to an Initial Advance for later use.

Balance of term of existing loan.

Available for the amount by which $25,000 exceeds the amount of the Initial Advance to the joint tenants. Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii). If widow/widower takes up an Additional Advance she/he loses entitlement to an Initial Advance.

Available, but if widow/widower takes up Widow/ Widower/ Essential Repairs Advance she/he loses all entitlements to an Initial Advance.

11.1.6. Assisted as a joint tenant with late  spouse - loan not discharged -  Add. Advance or Widow/Widower Essential Repairs Advance taken as a widow/widower.

  • 11.1.6.1 – Widow/widower wishes to move.

When Additional Advance or Widow/Widower/Essential Repairs Advance granted, widow/widower becomes a borrower in own right and therefore has access to a Further Advance under portability provisions to limit of current loan including any Additional Advances made to the widow/widower.  The amount of any Further Advance would, of course by definition, exclude the amount of any Widow/Widower/ Essential Repairs Advance previously made.

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in Entitlement.GO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii)

Available.

  • 11.1.6.2 – Widow/widower wishes to remain in current home

HAS TWO OPTIONS

(1)  When Additional Advance or Widow/Widower/ Essential Repairs Advance granted, widow/widower becomes a borrower in own right and therefore has no entitlement to an Initial Advance.  Existing loan continues.

  OR

Balance of current loan term.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants and any Additional Advances made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available.

2)  A Further Advance under portability provisions to refinance the current loan including any Additional/Advances.  The amount of any Further Advance would of course by definition, exclude the amount of any Widow/Widower/ Essential Repairs Advances previously made.

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in Ent.GO 3.4.4. and any previous Additional Advance made to the widow.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available.

11.1.7. Assisted as a joint tenant with late  spouse - loan discharged. - no Additional. Advance or Widow/Widower/ Essential Repairs Advance taken as a widow/widower prior to loan discharge.

  • 11.1.7.1 – Widow/widower wishes to move.

Initial Advance of up to  $25,000 for purposes in S18(2).

25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

  • 11.1.7.2 – Widow/widower wishes to remain in current home.

Initial Advance of up to $25,000 for purposes in S18(2).

25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

11.1.8. Assisted as a joint tenant with late  spouse - loan discharged. - Additional Advance or Widow/Widower/ Essential Repairs Advance taken as a widow/widower after  spouse's death.

  • 11.1.8.1 – Widow/widower wishes to move.

When Additional Advance or Widow/Widower/ Essential Repairs Advance granted, widow/widower becomes a borrower in own right and therefore has access to Further Advance under portability provisions.  The amount of any Further Advance would of course by definition, exclude the amount of any Widow/Widower/ Essential Repairs Advance previously made, but includes any Additional Advance.

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in EntitlementGO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available.

  • 11.1.8.2 – Widow/widower wishes to remain in DSH.

A Further Advance under portability provisions for purposes in S18(2).

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in EntitlementGO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/appendix-widows-table/111-widowwidower-no-service

11.2 WIDOW/WIDOWER WITH OWN SERVICE, BUT NOT ASSISTED ON HER/HIS SERVICE

Please read in conjunction with COI 18 & 47

CATEGORY

LOAN

TERM

ADD ADVANCE

WIDOW/WIDOWER/

ESSENTIAL REPAIRS ADVANCES

11.2.1. Eligible  spouse not assisted.

Two Initial Advances of up to $25,000 each for purposes in S18(2).

(2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)).  Such persons may receive concurrent assistance at any time and not 'once only'.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

25 years.

Available if $50,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

11.2.2.  Spouse assisted solely - DSH loan discharged before his/her death.

Two Initial Advances of up to $25,000 each for purposes in S18(2).

(2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)).  Such persons may receive concurrent assistance at any time and not 'once only'.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

25 years.

Available if $50,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

11.2.3. Husband assisted solely - DSH loan current at his death, widow wishes to move.

HAS TWO OPTIONS

Widow should be counselled accordingly.  Read in conjunction with COI 18 & 47.

1)Two Initial Advances of up to $25,000 each for purposes in S18(2).

(2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)).  Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].   OR

25 years

Available if $50,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

2)  Initial Advance of up to $25,000 for purposes in S18(2). (1 application) - opportunity for second Initial Advance lost unless a WWII ex-servicewoman listed in ss4(2AA). Such persons may receive concurrent assistance at any time and not 'once only'.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the sum of the previous advances to the widow.  This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA).

Available after Initial Advance granted.

11.2.4.  Spouse assisted solely - DSH loan current at his death, widow/widower wishes to remain in DSH.

HAS TWO OPTIONS

Widow/widower should be counselled accordingly.  Read in conjunction with COI 18 & 47.

11.2.4.1 - Property not already transferred

- If to be transferred.

(1)  Widow/widower may apply for a Transfer of Ownership and may be issued with a C of E under S22. Takes over balance of late  spouse's loan - amount and interest rate remain unchanged.  Once the Bank has actioned the C of E the widow/widower becomes a borrower in own right and therefore loses any entitlement to an Initial Advance unless a WWII ex-servicewoman listed in ss4(2AA).  Such persons may receive concurrent assistance at any time and not 'once only'.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

(1)  Balance of term of late  spouse's loan.

Available for the amount by which $25,000 exceeds the sum of the amounts of the limit at transfer to the widow/widower and any Additional Advances made to the widow/widower. Term of Additional Advance to be balance of current loan, unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the above sum plus the previous advance/s to the widow.   This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA).

Available after transfer.

(2)Two Initial Advances of up to $25,000 each for purposes in S18(2).

(2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)).    Such persons may receive concurrent assistance at any time and not 'once only'.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. OR

(2)  25 years.

(2)Available if $50,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

11.2.4.2 - If not to be transferred.

Continue to pay off existing loan.  Retains both entitlements to Initial Advance for later use.

Continuation of term of late  spouse's loan.

Not available – she/he is not a purchaser or borrower.

Not available – she/he is not a purchaser or borrower.

11.2.5. Assisted as a joint tenant with late  spouse on his/her service eligibility - loan not discharged - no Add/Adv or Widow/Widower/ Essential Repairs Advance taken as a widow/widower.

Widow/widower should be counselled accordingly. Read in conjunction with COI 18 & 47.

Two Initial Advances of up to $25,000 each for purposes in S18(2).

(2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)).  Such persons may receive concurrent assistance at any time and not 'once only'.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

25 years

Available if $50,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

  • 11.2.5.2 – Widow/widower wishes to remain in DSH.

HAS TWO OPTIONS

Widow/widower should be counselled accordingly. Read in conjunction with COI 18  & 47.

(1)  Two Initial Advances of up to $25,000 each, part of which is used to pay out late  spouse's loan and the balance for any purpose listed in S18(2) - (2 applications) - once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA).  Such persons may receive concurrent assistance at any time and not 'once only'.   [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

25 years.

Available if $50,000 exceeds the sum of the amounts of the Initial Advance and any previous Additional Advance made to the widow/widower.

Available after Initial Advance granted.

2)  Continues to pay off existing loan - retains both entitlements to an Initial Advance for later use.

Continuation of term of late  spouse's loan.

Available if $25,000 exceeds the amount of the Initial Advance to the joint tenants.  The term of any Additional Advance is to be the balance of the current loan, or such longer term in accordance with S36(1)(b)(ii).  If widow takes up an Additional Advance she loses entitlement to Initial Advance/s unless the entitlement stems from her status as a WWII ex-servicewoman listed in ss4(2AA).  This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA).

Available, but if widow/widower takes up Widow/Widower/ Essential Repairs Advance she/he loses all entitlements to an Initial Advance.

11.2.6. Assisted as a joint tenant with late  spouse on his/her service eligibility - loan not discharged - Additional/Advance or Widow/Widower/ Essential Repairs Advance taken as a widow/widower.

  • 11.2.6.1 – Widow/widower wishes to move.

When Additional Advance or Widow/Widower/ Essential Repairs Advance granted, widow/widower becomes a borrower in own right and therefore has access to Further Advance under portability provisions to limit of current loan including Additional Advances made to the widow/widower.  The amount of any Further Advance would, of course by definition, exclude the amount of any Widow/Widower/ Essential Repairs Advance previously made.  If a WWII ex-servicewoman listed in ss4(2AA) entitlement to a separate initial and subsequent further advance entitlement remains.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in Entitlement.GO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the above sum plus the previous advance/s to the widow.  This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA).

Available.

  • 11.2.6.2 – Widow/Widower wishes to remain in DSH.

HAS TWO OPTIONS

When AdditionalAdvance or Widow/Widower/ Essential Repairs Advance granted, widow/widower becomes a borrower in own right and therefore has no entitlement to an Initial Advance unless a WWII ex-servicewoman listed in ss4(2AA). If a WWII ex-servicewoman listed in ss4(2AA) entitlement to a separate initial and subsequent further advance entitlement remains.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

1)  Existing loan continues.  OR

Continuation of current loan term.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available.

(2) A Further Advance under portability provisions to refinance the current loan including any Additional Advances. If a WWII ex-servicewoman listed in ss4(2AA) entitlement to a separate initial and subsequent further advance entitlement remains.  [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)].

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used since becoming borrower in own right must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in EntitlementGO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the above sum plus the previous advance/s to the widow.  This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA).

Available.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/appendix-widows-table/112-widowwidower-own-service-not-assisted-herhis-service

11.3 WIDOW/WIDOWER WITH OWN SERVICE - HAS BEEN ASSISTED ON THAT SERVICE

CATEGORY

LOAN

TERM

ADD ADVANCE

WIDOW/WIDOWER/

ESSENTIAL REPAIRS ADVANCES

11.3.1. J/T with non-eligible spouse –  spouse deceased, she/he wishes to move.

Further Advance under portability provisions.

Balance of term of existing/previous advance/s.

If previous loan discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used must not exceed 25 years.

Available if $25,000 exceeds the sum of the amounts of the Initial Advance to the joint tenants or the Further Advance to the widow/widower in accordance with the principle in Ent.GO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.  Widow/Widower Advance not available if  spouse ineligible.

11.3.2. J/T with eligible spouse where pooled loans granted – spouse deceased, she/he wishes to move.

Further Advances under portability provisions of both loans (2 applications).

Balance of term of existing/previous advance/s.

If previous loans discharged on or after 9/12/87 and before 9/5/95, the sum of previous terms used for each loan must not exceed 25 years.

Available if $50,000 exceeds the sum of the amounts of the Initial Advances to the joint tenants or the Further Advances to the widow/widower in accordance with the principle in Entitlement GO 3.4.4. and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available after Initial Advance granted.

11.3.3. J/T with eligible  spouse where pooled loans granted –  spouse deceased she/he wishes to stay in current home.

Continues to pay off both existing loans.

Continuation of current loans.

Available if $50,000 exceeds the sum of the amounts of the Initial Advances to the joint tenants and any previous Additional Advance made to the widow/widower.  The term to be unexpired part of current loan unless circumstances warrant longer term in accordance with S36(1)(b)(ii).

Available.

AMOUNT OF ADDITIONAL ADVANCES

EXAMPLE 1

Initial Advance$15000

Additional Advance$  5000

Limit at D/L$13000

Further Advance$13000

Amount of Additional Adv residual$5000

NB:  If the amounts of the further advance and any previous additional advance are used in the calculation under SS25(1)(b), the A/A residual in this example is $7000.  However, this would result in the applicant gaining access to loan benefits totalling $27000.  This is contrary to the intentions of the Act.

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EXAMPLE 2

Initial Advance$15000

Limit at D/L$  9000

Further Advance$  9000

Additional Advance$  5000

Amount of Additional Adv residual$5000

NB:  If the amounts of the further advance and any previous additional advance are used in the calculation under SS25(1)(b), the A/A residual in this example is $11000.  However, this would result in the applicant gaining access to loan benefits totalling $31000.  This is contrary to the intentions of the Act.

---------------------------------------------------------------------------------------------

AMOUNT OF ADDITIONAL ADVANCES

EXAMPLE 3

Initial Advance$15000

Additional Advance$  8000

Limit at D/L$19000

Further Advance$19000

Amount of Additional Adv residual$2000

NB:  If the amounts of the further advance and any previous additional advance are used in the calculation under SS25(1)(b), the A/A residual in this example is $0.  However, this would result in the applicant never gaining access to the maximum loan benefit of  $25000 on one occasion.  This is contrary to the intentions of the Act.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/entitlement/widowswidowers-benefits/appendix-widows-table/113-widowwidower-own-service-has-been-assisted-service

5 ADDRESSEE DETAILS (Correspondence)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence

5.1 STREET NUMBERS

(STREET No. FIELD HAS MAXIMUM OF 20 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/51-street-numbers

DSH DATA ENTRY PROTOCOL

The following data items shown under DESCRIPTIONS and STANDARDS are to be recorded in the Street No. field if they are part of the correspondence address identifier.

DESCRIPTIONSTANDARD

ALLOTMENTALLOT

BLOCKBLOCK

COUNTYCNTY

DEPOSITED PLANDP

DISTRICTDIST

HUNDRED (THE)HUND

LOCATIONLOC

PARCELPARCL

PARISHPAR

PLANTAGENATEPLANT

PORTIONPORT

SECTIONSECT

STRATA PLANSTRTA PL

UNITS PLANUNITS PL

NOTE

(a) Combinations of these standards may need to be abbreviated to fit the 20 spaces,

(please see STREET NO. EXAMPLES at GO 5.1.1 on next page);

(b) GPO, PO, RMB etc will be recorded at Addressee Line 2 (please see GO 5.1.1 on next page also).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/51-street-numbers/dsh-data-entry-protocol

5.1.1 STREET NUMBER EXAMPLES

Examples of street number standards to be used are:

DESCRIPTIONSTANDARD

Number 2323

Number 38a38A

Unit 4 at number 1064/106

Unit 4 at numbers 106 to 1084/106-108

Unit 4 UNIT 4

Block 1BLOCK 1

Block 1, Section 17BLOCK 1 SECT 17

Location 315LOC 315

NOTE

The following are NOT to be recorded in the Street Number field.  These are to be recorded at Addressee Line 2 (refer also Paragraphs 5.4 and 5.5).

DESCRIPTIONSTANDARD

GENERAL POST OFFICEGPO

POST OFFICE BOXPO BOX

C/- POST OFFICEC/- POST OFFICE

ROAD MAIL BOXRMB (or equivalent RSD, RSM, CMB etc)

Please see also examples at pages 33 - 38.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/51-street-numbers/511-street-number-examples

5.1.2 STREET NUMBER EXAMPLES (STATES)

     CLIENT DETAILS

Land holdings might be described in the various States and Territories within Australia by reference to their legal description.  For example:

'That piece or parcel of land situate in parish of......County or Shire of............ being Lot No....(or Portion...) in Deposited Plan No......... being whole or part of land in the Certificate of Title Volume No......... Folio No.......'.

However, this detail is inappropriate for correspondence purposes.  Physical identification may be satisfied by simple reference to lot numbers or allotment numbers, together with the street name, especially in the case of new housing areas.  In other cases reference may be made to block and section numbers.  These numbers may be replaced later by street numbers when they are known.  The address in some small towns or villages may not include a street name.

The combinations of data in the street number and street name fields may vary.  For example:

Street Number (recorded in Street No  field) with Street Name;

Block, Section etc (recorded in Street No field) with Street Name;

Block, Section etc (recorded in Street No field) without Street Name.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/51-street-numbers/512-street-number-examples-states

EXAMPLES

Examples of Street Number descriptions used in the various States and Territories within Australia are as follows:-

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples

NEW SOUTH WALES

The relevant details of a person's address might include the following:

Lot NumberLOT NO.315, FOWLER RD, ILLAWONG

Deposited PlanDP 746; Volume; VOL 81; Folio FOL 6

However, the correspondence address of Lot number 315, Fowler Road, Illawong NSW 2234 should be shown in the street number field for the purposes of data entry as LOT 315 (see example below).

     CLIENT DETAILS

Client Number   0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given..JOHN PAUL...........................16-JUN-1953                ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

                 Line 2 02-52412345

                 Line 3 Street Name   Type  02-52896644

Street NoLOT 315 FOWLER Road

       Town ILLAWONG............................State NSW  Postcode 2234

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/new-south-wales

VICTORIA

The legal identification of land in Victoria makes reference to Registered Plans and Crown Allotments as well as Volume and Folio numbers.

The correspondence address of Allotment number 315, Edwards Lane should be shown in the Addressee field for the purposes of data entry as ALLOT 315 (see example below).

    CLIENT DETAILS

Client Number    0000894

Surname VANDENBERG....................Date of Birth.................Death Indicator....

Given..JOHN PAUL.........................16-JUN-1953                   ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

                 Line 2 03 502412345

                 Line 3 Street Name   Type  03 502896644

Street NoALLOT 315 EDWARDS LANE

       Town MANANGATANG...........................State VIC  Postcode 3546

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/victoria

QUEENSLAND

The correspondence address may include such references as a location number, a lot number, an allotment number, or a block number rather than a street number.  For the purposes of data entry the location/lot/allotment/block number should be shown in the (Street No.) field (maximum of 20 characters).  Lot 315 would be shown as LOT 315 as follows:

    CLIENT DETAILS

Client Number    0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given..JOHN PAUL...........................16-JUN-1953                   ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

                 Line 2 07 -92412345

                 Line 3 Street Name   Type  07-92896644

Street NoLOT 315 EDWARDS LANE

       Town AIRLIE BEACH...........................State QLD  Postcode 4546

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/queensland

WESTERN AUSTRALIA

The correspondence address may include such references as a location number, a lot number, an allotment number, or a block number rather than a street number.  For the purposes of data entry the location/lot/allotment/block number should be shown in the (Street No.) field (maximum of 20 characters).  Location 15 would be shown as LOC 15 as follows:

    CLIENT DETAILS

Client Number   0000874

Surname.. BLINKHORN....................Date of Birth................. Death Indicator....

Given..CECIL JOHN THOMAS.........16-JUN-1953                       ...

Addressee Line 1 MR C J T BLINKHORNTelephone Nos

                 Line 2 08-92412345

                 Line 3 Street Name   Type  08-92896644

Street NoLOC  15 EDWARDS LANE

       Town ALBANY...........................State WA  Postcode 6330

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/western-australia

SOUTH AUSTRALIA

The correspondence address may include a lot number, an allotment number, or a block number rather than a street number.  For the purposes of data entry the lot/allotment/block number should be shown in the (Street No.) field (maximum of 20 characters).  Lot 15 (or Allotment or Block 15) would be shown as LOT 15 (or ALLOT 15, or BLOCK 15) as follows:

     CLIENT DETAILS

Client Number   0000894  File Number    0000428   Number of Other File Numbers    0

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given..JOHN PAUL...........................16-JUN-1953                   Notepad Indicator...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

                 Line 2 08 94824123

                 Line 3 Street Name   Type  08 94828966

Street NoALLOT 15 EDWARDS LANE

       Town AMERICAN RIVER.....................State SA  Postcode 5221

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/south-australia

TASMANIA

The correspondence address may include a lot number in the absence of a street number.  For the purposes of data entry the lot number should be shown in the Street No. field (maximum of 20 characters).  Lot 35 would be shown as LOT 35 as below:

     CLIENT DETAILS

Client Number   0000894     Number of Other File Numbers    0

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given..JOHN PAUL.........................16-JUN-1953                     ..

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

                 Line 2 03-42412345

                 Line 3 Street Name   Type  03-42896644

Street NoLOT 35 EDWARDS LANE

       Town STRAHAN...........................State TAS  Postcode 7468

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/tasmania

AUSTRALIAN CAPITAL TERRITORY

The correspondence address may include a block number or block and section numbers in the absence of a street number.  For the purposes of data entry the block and section numbers should be shown in the Street No. field (maximum of 20 characters).  Block 1 Section 17 would be shown as BLOCK 1 where a street name is available as below:

     CLIENT DETAILS

Client Number    0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given..JOHN PAUL.........................16-JUN-1953                     ...

Addressee Line 1 MR J P VAN DEN BERGTelephone Nos

                 Line 2 02-62412345

                 Line 3 Street Name   Type  02-62896644

Street NoBLOCK 1 PAMBULA Street

       Town KALEEN...........................State ACT  Postcode 2617

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/examples/australian-capital-territory

5.2 STREET NAMES

(THE STREET NAME FIELD HAS A MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/52-street-names

DSH DATA ENTRY PROTOCOLS

The protocol for data entry for street names is basically the same as that for the entry of correspondence surname (paragraph 2.2).  For Street Name purposes they are:

(a) where applicable hyphens without spaces are permitted;

(b) where applicable apostrophes between letters are permitted for street names (eg L'STRANGE);

(c) where applicable appropriate spaces between letters are permitted for street names

(eg DE BOAR GROVE, LE STRANGE CT);

(d) commas or full stops are not permitted.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/52-street-names/dsh-data-entry-protocols

EXAMPLES

Examples of Street names based on these protocols are:-

DATASTANDARD

Watkins-Smith WATKINS-SMITH

L' Strange L' STRANGE

O'Sullivan O'SULLIVAN

Le StrangeLE STRANGE

de BoarDE BOAR

St John ST JOHN

D'ArcyD'ARCY

Van den BergVAN DEN BERG McCaulayMCCAULAY

MacKayMACKAY

Correspondence street name (eg Le Strange) should be shown as it appears in the application or other record to reflect the client's preference.  This name is recorded against 'Street Name' as LE STRANGE as shown in the example below:

     CLIENT DETAILS

Client Number   0000894

Surname VANDENBERG....................Date of Birth................. Death Indicator....

Given...........................................16-JUN-1953                      Addressee Line 1  VAN DEN BERGTelephone Nos

                 Line 2.....................................................

                 Line 3................Street Name   Type  .................

Street No ......... LE STRANGE................              Town ............................State ...... Postcode ......

Country .....................Foreign Postcode.....

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/52-street-names/examples

5.3 STREET TYPES

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/53-street-types

DSH DATA ENTRY PROTOCOL

Select the appropriate Street Type from the drop-down listing

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/53-street-types/dsh-data-entry-protocol

5.3.1 WHERE NO STREET TYPE EXISTS

Some addresses may not require a street type.  In these cases the street name is complete without a street type.  Where a street name is a word which is also a street type (eg BOULEVARD) it should not be abbreviated.

Examples:

115 COMMERCIAL STREET EAST

34 THE CAUSEWAY

16 THE RIDGEWAY

77 THE BOULEVARD

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/53-street-types/531-where-no-street-type-exists

5.3.2 WHERE 'CORNER' IS USED IN A CORRESPONDENCE ADDRESS

Where an address is a corner address, the following format is to be applied:

(a) Where street types differ:

CNR SMITH AVE & JONES Street (selected from drop-down menu)

(b) Where street types are the same:

CNR SMITH & JONES STS

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/53-street-types/532-where-corner-used-correspondence-address

5.4 ADDRESSEE LINE 2

(ADDRESSEE LINE 2 HAS A MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/54-addressee-line-2

DSH DATA ENTRY PROTOCOL

Addressee Line 2 data may contain any one of the following acceptable types (formats) of data.  However, where an address includes a combination of this data it must be recorded in the order of priority as listed below at Addressee Line 2 and Addressee Line 3.

Examples of order of priority:

1. de facto or other surname (see Example 8 page 36);

2. C/- Public Trustee (see Example 3 page 34);

3. C/- another person (see Example 6 page 35);

4. Base name (see Example 11 page 38);

5. "House name" or rural "Property name"(see Example 5 page 35);

6. GPO/PO Box 123 (see Example 4 page 34).

If the address does not contain any of these formats the Addressee Line 2 will not contain any address data.  The relevant data will be recorded against Street No. and Street Name (see Example 1 page 33).

A house name eg "Caringbah" will be recorded at Addressee Line 2 as "CARINGBAH" inside double quotation marks (see Example 5 page 35).  This may or may not be accompanied by a Street No. and Street Name.

A post office address, whether a box number or care of a Post Office, will appear against Addressee Line 2.  There will not be any details recorded against Street No. and Street Name (see below and Example 8 page 36).  Where there is a combination of the kind of data in 1 to 6 above the lower priority data will flow over to Addressee Line 3 (see paragraph 5.5 Addressee Line 3).

Addressee Line 1  EST J P VAN DEN BERG

Addressee Line 2  GPO BOX 303

Addressee Line 3

Street No./Street name

Town etc  WODEN ACT 2606

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/54-addressee-line-2/dsh-data-entry-protocol

NAMES EXCEEDING MAXIMUM 30 CHARACTERS FOR ADDRESSEE LINE 1

Where combined names and initials (eg MR J P VAN DEN BERG & MS K M MART) exceed 30 characters, the second name will flow over onto Addressee Line 2.  The second name will be preceded by '&' (refer to Example 9 page 37).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/54-addressee-line-2/names-exceeding-maximum-30-characters-addressee-line-1

5.5 ADDRESSEE LINE 3

(ADDRESSEE LINE 3 HAS A MAXIMUM OF 30 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/55-addressee-line-3

DSH DATA ENTRY PROTOCOL

Where there is a combination of the kind of data in the examples of order of priority 1 to 6 of paragraph 5.4 Addressee Line 2 the lower priority data will flow over to Addressee Line 3.

Example:

C/- PUBLIC TRUSTEE and a GPO BOX number are recorded as follows;

Addressee Line 1  EST J P VAN DEN BERG

Addressee Line 2  C/- PUBLIC TRUSTEE

Addressee Line 3  GPO BOX 303

Street No./Street name

Town etc  WODEN ACT 2606

Example:

C/- J P POTTER and the house/property name "CARINGBAH" are recorded as follows;

Addressee Line 1  EST J P VAN DEN BERG

Addressee Line 2  C/- J P POTTER

Addressee Line 3  "CARINGBAH"

Street No./Street name

Town etc  BINDA NSW 2583

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/55-addressee-line-3/dsh-data-entry-protocol

6 TELEPHONE NUMBERS

(THE TELEPHONE No. FIELDS EACH HAVE A MAXIMUM OF 15 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/6-telephone-numbers

DSH DATA ENTRY PROTOCOLS

The following protocols are to be observed when entering clients' telephone numbers:

(a) area code to be separated from number by hyphen - no brackets to be used;

(b) relevant home, work, mobile, fax telephone number  to be recorded in specific fields provided

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/6-telephone-numbers/dsh-data-entry-protocols

EXAMPLES

Examples of clients' telephone numbers based on these protocols are:-

DATASTANDARD

(02) 213 777702-2137777

(03) 284 600003-2846000

(07) 223 877707-2238777

(09) 436 833309-4368333

(08) 213 261108-2132611

(002) 216 666002-216666

(06) 267 141106-2671411

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/6-telephone-numbers/examples

7 TOWN NAMES

(THE TOWN NAME FIELD HAS A MAXIMUM OF 40 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/7-town-names

DATA ENTRY PROTOCOL

Select Town name from drop-down menu provided, which is based on Australia Post Postcode listing.  It is possible that there may be a town which has been added under a particular postcode.  In this circumstance, an email should be sent to 'Nat DSH Insurance” requesting the town concerned be included under the postcode.  The Australia Post website should be checked to confirm that the town is officially recognised under that postcode.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/7-town-names/data-entry-protocol

8 STATE/TERRITORY ABBREVIATIONS

(THE STATE FIELD HAS A MAXIMUM OF 3 CHARACTERS)

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/8-stateterritory-abbreviations

DSH DATA ENTRY PROTOCOL

Standard abbreviations not exceeding 3 characters are  used in the State field. Select from drop-down listing.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/8-stateterritory-abbreviations/dsh-data-entry-protocol

EXAMPLES

Standard abbreviations based on this protocol are:-

DATASTANDARD

Australian Capital TerritoryACT

Northern TerritoryNT

New South WalesNSW

VictoriaVIC

QueenslandQLD

Western AustraliaWA

South AustraliaSA

TasmaniaTAS

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/data-entry-protocols/5-addressee-details-correspondence/8-stateterritory-abbreviations/examples

5 Application of other Parts of the Act

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act

5.1 Assignment

Home Support Loans can be assigned in the same circumstances as other subsidised loans.  The usual procedures are to be followed.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/51-assignment

5.2 Transfer of Ownership

A Home Support Loan may be transferred to an eligible person or an eligible veteran.  Care needs to be taken should the applicant be an eligible person for the purpose of a Home Support Loan only because a misconduct discharge was excluded.  The person may not otherwise be eligible, and a Transfer may not be able to be approved (unless an eligible veteran).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/52-transfer-ownership

5.3 Instalment Relief

Instalment Relief is available where the eligible person or eligible veteran is suffering hardship.  Note the same proviso applies as mentioned in paragraph 4.2.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/53-instalment-relief

5.4 Essential Repairs / Widow/Widower Advances

These forms of hardship assistance are only available to eligible persons, not eligible veterans.  They must be a current borrower when applying for such assistance, and meet the guidelines for determining financial hardship.

While the Home Support Loan is current, an eligible person can apply for these forms of assistance, subject to the usual conditions.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/54-essential-repairs-widowwidower-advances

5.5 Cancellation of Subsidy

The usual provisions for cancellation of subsidy apply to Home Support Loans.See Part 4 Chapter 6.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/55-cancellation-subsidy

5.6 Procedures

Last amended: 25 September 2013

HOME SUPPORT LOAN PROCESSING GUIDE

The processing steps in CELS are the same as the existing standards and input for an Initial Advance with the exceptions of linking a spouse where ownership is as joint tenants, and of completing the Ownership Details screen (CofE is issued in eligible applicant's name only.

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/56-procedures

Client Details

If you have to create applicant as a new client you should try and establish previous assistance details to ensure that client does not have a “Further Advance” entitlement and use original file number rather than generate a new one.  (see subsequent “Previous Assistance” section).

Source URL: https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/home-support-loan/5-application-other-parts-act/56-procedures/client-details

Service Details

Check for DSH eligibility first.  If the applicant is not DSH eligible, check for VEA eligibility.

Where the person is eligible under the DSH Act, these details should be inserted in the usual manner.

For clients who are only VEA eligible, use :-

If the

Branch of Service

use

Type of Service

is

UN Police Force

Peacekeeping

is

any other branch on the list

VEA  Client

"VEA client" should be used if applicant is an eligible veteran only to distinguish the client's service as different from DSH eligibility.  DSH misconduct declines will generally also be a “VEA Client” for HSL purposes.