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