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.

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 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 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.

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