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.

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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