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1 Introduction - General

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The purpose of this Part of the General Orders is to provide general guidance and information on procedural matters associated with implementing and administering the policy outlined in the Legislation Interpretation & Policy Parts.  It is not intended that this Part be taken to be a comprehensive procedural manual for all tasks undertaken.  Rather,  Managers and delegated officers are to use their own discretion in such matters.  Procedures should be flexible enough to take account of any local arrangements, yet at the same time result in clients receiving uniformly high standards of quality service and advice.

The foregoing Legislation Interpretation & Policy Parts are aimed at achieving a uniformly correct and fair way of dealing with all casework under the Defence Service Homes Act 1918.

In addition to policy considerations, there are some procedural matters which also need to be addressed in a uniformly acceptable way and these matters are set out in this Part.

1.1 Certificate of Entitlement - General

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An application for a Certificate of Entitlement  must be on an approved application form.  Because of its legal nature, a Certificate of Entitlement may contain no erasures or amendments.  The Certificate of Entitlement is to be issued in triplicate to the applicant with a photocopy retained with the application.  The Certificate of Entitlement must be presented to the Bank at the time client applies for relevant assistance.

For instalment relief, the Certificate of Entitlement is sent direct to the Bank via Bank's internal mail system (DSHL Unit, The Mortgage Company, SA BSB 035-892), with a photocopy being retained with the application.

When a Certificate of Entitlement is issued, the following details are required to be noted thereon;

  • issue date;
  • expiry date;
  • full name of entitled person;
  • file number (maximum of 15 digits, but currently 13 in use);
  • full name of spouse ( or de facto partner from 1 July 2009) who will join the entitled person as joint tenant;
  • purpose of the advance;
  • maximum amount of the advance;
  • maximum term of the advance/relief approved;
  • interest rate applicable on the advance;
  • conditions (if any) to be met by entitled applicant;
  • delegate's name;
  • State location of DSH Office issuing the certificate.

A delegate is required to personally sign the certificate.

1.2 Certificate of Entitlement - File Numbers

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Provision has been made for the file numbers appearing on Certificates of Entitlement to contain a maximum of 15 digits.  Presently  12  are  used.    The new Certificate of Entitlement file number is made up as follows:-

  • the first seven digits are the normal 7 digit file number (please see Chapter 2);
  • the eighth digit is a check digit;
  • the next four digits are the current DSH application number; and
  • the last two digits are spare for any future needs.

This file number is essentially an identifier for the Bank.

An example of a file number as it will appear on the Certificate of Entitlement is shown below:-

  • 21234562Q001M

1.3 Recording of Documentary Evidence

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Any original document produced as evidence of service or other document required to establish eligibility for assistance, eg Marriage Certificate, Death Certificate, etc should be photocopied and kept with the application.       All original documents returned to an applicant by post should be sent by Certified Mail.

Officers should exercise care to ensure that documents (either originals or photocopies) have not obviously been altered in any way before accepting them as evidence. If there is any doubt, the original should be requested as a precautionary measure.

1.4 Action to be taken regarding false declaration

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Where it appears that an applicant has made a false declaration, the circumstances of the case should be referred through the Administration Manager (DHOAS) to the nominated liaison officer who will discuss the case with the Director of Public Prosecutions Liaison Officer (DPPLO). The DPPLO will assist with the decision as to whether a case is suitable for prosecution.  Any action regarding prosecution should follow the guidelines contained in the Benefits Prosecution Guidelines Chapters 2.3, 4, 5, 6 and 7.

1.5 Marriage of Two Eligible Persons Each in Receipt of an Advance

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When advice is received of the marriage [de jure or de facto] of two eligible persons each in receipt of subsidised advances on separate properties, action to cancel one of the subsidies should not be taken as a matter of course.  [ss.26.4 and Entitlement GO 3.7.9 refer].

As mentioned in Entitlement GO 3.7.9, this power is discretionary and has been in the legislation well before the insertion of the amendments allowing portability and the pooling of entitlements.  Given the pooling provision, and 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.  Clients should, however, be made aware of their options should they be contemplating selling either or both of the DSH funded dwellings.  Assuming either or both have an entitlement to a further advance, they are:-

  • sell one house and use the discharged entitlement to purchase equity in the other under the pooling arrangements;
  • sell both houses and pool both entitlements on another.

Before being issued with Certificates of Entitlement under either option, clients would still need to satisfy the other conditions imposed by the legislation, such as continuing service eligibility, non-ownership of other dwelling-houses, and intention to occupy.  The final decision is to be left to the applicants, particularly in view of the costs involved.


Source URL (modified on 14/10/2014 - 11:39am): https://clik.dva.gov.au/health-policy-library/defence-service-homes-dsh/general-orders/subsidy-procedures/1-introduction-general

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