12.2 Policy

As a consequence of the introduction of the Defence Force (Home Loans Assistance) Act 1990, serving members who had not utilised their DSH eligibility, had dual service eligibility under both the DSH scheme and Australian Defence Force Home Loan Assistance scheme (ADFHLAS), once they had served the statutory qualifying period.

Persons with dual DSH/ADFHLA — S service eligibility were given a once only opportunity to revoke their DSH Entitlement in favour of ADFHLAS (marketed as Defence HomeOwner).

The election period was from 1 March 1991 to 31 August 1991 inclusive. There is no intention to amend the legislation to reopen the opportunity to revoke DSH eligibility.

Those persons who lodged an election to revoke their DSH eligibility, have been recorded on CELS. If an application for a notice of eligibility or a certificate of entitlement is received from a person who has revoked his/her DSH entitlement, the delegate should make the appropriate decision to decline the application and prepare an accompanying statement of reasons.

On 22 August 1991, it was announced that persons eligible for DSH assistance could 'pool' their entitlements.  Some persons who had revoked early in the revocation period felt aggrieved by the late announcement.  The DSH legislation was amended on 26 June 1992 to enable revocations to be withdrawn.

Persons wishing to withdraw their revocation election were required to notify the Secretary in writing by 30 June 1992.  A late notice may have been accepted up to 1 January 1993, provided the Secretary was satisfied of the bona fide's of the claim.  In the latter, the Secretary's decision is reviewable, both internally and by the AAT.