In view of the complex nature of the legislation covering benefits available to widows/widowers, a ready reference table is contained in Appendix A to assist staff in advising of the options available. It is essential that delegates explain all the options in each category when advising the widow/widower, although it is recognised that some options may not be all that practical, dependent upon the circumstances. It is important that once the options are explained, the final decision on what benefit to apply for is left to the widow/widower.
In the table, references to a widow of an eligible person should be read to include references to a widower of an eligible person and similarly, references to a husband should also include a wife or de facto partner. The benefits available in the Additional Advance and Widow/Essential Repairs Advances columns are dependent upon the benefit in the Loan column being taken up. The table format, although comprehensive may not cover all widows'/widowers' circumstances. Any case in circumstances not covered by the table should be discussed with Team Leader/Senior Subsidy Officer , particularly where the widow has completed her own military service.
Where the applicant's circumstances indicate a Further Advance option, staff must check that the portability provisions are satisfied, eg previous loan current at, or funded after, 9/12/87, and where the previous loan was not current at 9 May 1995 that previous terms have not exceeded 25 years. Care also needs to be exercised in relation to the effective dates of legislative changes which bestow the benefits, ie. De-facto widows are eligible as widows if the person with qualifying service died after 10/11/78. De-facto widowers of female veterans are eligible if the person with qualifying service died after 18 December 1988. De facto partners are eligible if the eligible person died on or after 1 July 2009.
It is important to note that Instalment Relief does not comprise an advance nor alter the status of the Initial/Further Advance, and so the granting of Instalment Relief does not affect the beneficiary's status as a borrower. In other words, it is possible for a surviving joint tenant to receive Instalment Relief and retain eligibility for an Initial Advance.
Staff should be fully conversant with the legislation and other parts of the General Orders before using the table. Relevant GO's related to widows'/widowers' benefits are located in Eligibility Chapter 10 and GO 12.2.1 and Entitlement GO 3.6.4, Chapters 4,5,6 and 7, and GO's 10.13 and 10.14. It is emphasised that the complexities of some of the legislative provisions mean that they are open to some debate and variance in interpretation. Where this is so, the table applies a policy consistent with a beneficial interpretation of the legislation and sets down uniform guidelines to follow for the majority of cases. However, there may be cases where widows have received or acted upon previous DSH advice given under earlier views of the same legislation. It is not intended that the guidelines in the table would disadvantage those clients who have received or acted upon previous contrary advice given before the table was issued. Delegates are encouraged to consider the merits of cases in accordance with the provisions of the legislation and to satisfy themselves that such widows are not disadvantaged.
A table setting out the various benefit options available to widows/widowers is provided in the following pages in Appendix A
[for 11.1 to 11.3, see <a href="//clik.dva.gov.au/HW-DSH/GO/Widows%27/Widowers%27%20Benefits/Appendix%20A">Appendix A]
11.4 — ND "DSH/GO/Transfer of Estate or Interest in a Property/11/Introduction">
It is important to note the special provisions in subsection 4(2AB) in relation to members of the World War II Women's Services listed in subsection 4(2AA). These provisions ensure that any entitlement gained under subsection 4(2AA) will not be affected by, nor will affect, any entitlement under the Defence Service Homes Scheme gained as a spouse or de facto partner, widow or dependant parent of an eligible person. This means that the WWII women listed in subsection 4(2AA) who have received benefits directly or indirectly as spouses of eligible persons will retain their entitlements to separate loan benefits as WWII ex-servicewomen quite independently of any other assistance. In these circumstances the references to once only opportunities in 11.1 and 11.2 of the widows' table do not apply to those persons.
It is important to note the special provisions in subsection 4(2AC) in relation to 'veteran widowers' of the WWII Women's Services listed in subsection 4(2AA). These provisions ensure that any entitlement gained as a widower of a WWII ex-servicewoman covered under subsection 4(2AA) will not be affected by, nor will affect, any entitlement under the Defence Service Homes Scheme gained as an eligible veteran, spouse or de facto partner, widower or dependant parent of an eligible person. This means that the 'veteran widowers'of the WWII women listed in subsection 4(2AA) will retain an entitlement to initial assistance on one occasion and subsequent further assistance on any number of occasions as widowers irrespective of whether they have been assisted on their own service, or as a spouse, widower or dependant parent. This includes access to concurrent assistance on both entitlements if both are unused. In these circumstances the references to once only opportunities in 11.1 and 11.2 of the widows' table do not apply to those persons.
CATEGORY |
LOAN |
TERM |
ADD ADVANCE |
WIDOW/WIDOWER/ |
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. |
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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. |
|
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. |
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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. |
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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. |
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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. |
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HAS TWO OPTIONS Widow/widower should be counselled accordingly. Read in conjunction with COI 18 . |
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(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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
Please read in conjunction with COI 18 & 47
CATEGORY |
LOAN |
TERM |
ADD ADVANCE |
WIDOW/WIDOWER/ |
11.2.1. Eligible spouse not assisted. |
Two Initial Advances of up to $25,000 each for purposes in S18(2). (2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
25 years. |
Available if $50,000 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. |
11.2.2. Spouse assisted solely - DSH loan discharged before his/her death. |
Two Initial Advances of up to $25,000 each for purposes in S18(2). (2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
25 years. |
Available if $50,000 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. |
11.2.3. Husband assisted solely - DSH loan current at his death, widow wishes to move. |
HAS TWO OPTIONS Widow should be counselled accordingly. Read in conjunction with COI 18 & 47. |
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1)Two Initial Advances of up to $25,000 each for purposes in S18(2). (2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. OR |
25 years |
Available if $50,000 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. |
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2) Initial Advance of up to $25,000 for purposes in S18(2). (1 application) - opportunity for second Initial Advance lost unless a WWII ex-servicewoman listed in ss4(2AA). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
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. If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the sum of the previous advances to the widow. This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA). |
Available after Initial Advance granted. |
|
11.2.4. Spouse assisted solely - DSH loan current at his death, widow/widower wishes to remain in DSH. |
HAS TWO OPTIONS Widow/widower should be counselled accordingly. Read in conjunction with COI 18 & 47. |
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11.2.4.1 - Property not already transferred - If to be transferred. |
(1) Widow/widower may apply for a Transfer of Ownership and may be issued with a C of E under S22. Takes over balance of late spouse's loan - amount and interest rate remain unchanged. Once the Bank has actioned the C of E the widow/widower becomes a borrower in own right and therefore loses any entitlement to an Initial Advance unless a WWII ex-servicewoman listed in ss4(2AA). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
(1) Balance of term of late spouse's loan. |
Available for the amount by which $25,000 exceeds the sum of the amounts of the limit at transfer to the widow/widower 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). If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the above sum plus the previous advance/s to the widow. This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA). |
Available after transfer. |
(2)Two Initial Advances of up to $25,000 each for purposes in S18(2). (2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. OR |
(2) 25 years. |
(2)Available if $50,000 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. |
|
11.2.4.2 - If not to be transferred. |
Continue to pay off existing loan. Retains both entitlements to Initial Advance for later use. |
Continuation of term of late spouse's loan. |
Not available – she/he is not a purchaser or borrower. |
Not available – she/he is not a purchaser or borrower. |
11.2.5. Assisted as a joint tenant with late spouse on his/her service eligibility - loan not discharged - no Add/Adv or Widow/Widower/ Essential Repairs Advance taken as a widow/widower. |
Widow/widower should be counselled accordingly. Read in conjunction with COI 18 & 47. |
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Two Initial Advances of up to $25,000 each for purposes in S18(2). (2 applications if more than $25,000 is sought-once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA)). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
25 years |
Available if $50,000 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. |
|
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HAS TWO OPTIONS Widow/widower should be counselled accordingly. Read in conjunction with COI 18 & 47. |
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(1) Two Initial Advances of up to $25,000 each, part of which is used to pay out late spouse's loan and the balance for any purpose listed in S18(2) - (2 applications) - once only opportunity unless a WWII ex-servicewoman listed in ss4(2AA). Such persons may receive concurrent assistance at any time and not 'once only'. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
25 years. |
Available if $50,000 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. |
|
2) Continues to pay off existing loan - retains both entitlements to an Initial Advance for later use. |
Continuation of term of late spouse's loan. |
Available if $25,000 exceeds the amount of the Initial Advance to the joint tenants. The term of any Additional Advance is to be the balance of the current loan, or such longer term in accordance with S36(1)(b)(ii). If widow takes up an Additional Advance she loses entitlement to Initial Advance/s unless the entitlement stems from her status as a WWII ex-servicewoman listed in ss4(2AA). This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA). |
Available, but if widow/widower takes up Widow/Widower/ Essential Repairs Advance she/he loses all entitlements to an Initial Advance. |
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11.2.6. Assisted as a joint tenant with late spouse on his/her service eligibility - loan not discharged - Additional/Advance or Widow/Widower/ Essential Repairs Advance taken as a widow/widower. |
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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 to limit of current loan including 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. If a WWII ex-servicewoman listed in ss4(2AA) entitlement to a separate initial and subsequent further advance entitlement remains. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
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). If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the above sum plus the previous advance/s to the widow. This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA). |
Available. |
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HAS TWO OPTIONS When AdditionalAdvance or Widow/Widower/ Essential Repairs Advance granted, widow/widower becomes a borrower in own right and therefore has no entitlement to an Initial Advance unless a WWII ex-servicewoman listed in ss4(2AA). If a WWII ex-servicewoman listed in ss4(2AA) entitlement to a separate initial and subsequent further advance entitlement remains. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
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1) Existing loan continues. OR |
Continuation of current loan term. |
Available if $25,000 exceeds the sum of the amounts of the Initial Advance 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. |
|
(2) A Further Advance under portability provisions to refinance the current loan including any Additional Advances. If a WWII ex-servicewoman listed in ss4(2AA) entitlement to a separate initial and subsequent further advance entitlement remains. [NB. This exception rule also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA)]. |
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). If a WWII ex-servicewoman listed in ss4(2AA) subsequently uses part of that entitlement, an A/A is available if $50,000 exceeds the above sum plus the previous advance/s to the widow. This also applies to veteran widowers of WWII ex-servicewomen listed in ss4(2AA). |
Available. |
|
CATEGORY |
LOAN |
TERM |
ADD ADVANCE |
WIDOW/WIDOWER/ |
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/18359%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/18046%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/18196%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=node/18464%23comment-form
[5] https://clik.dva.gov.au/user/login?destination=node/18177%23comment-form
[6] https://clik.dva.gov.au/user/login?destination=node/18517%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=node/18412%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=node/18263%23comment-form
[9] https://clik.dva.gov.au/user/login?destination=node/18536%23comment-form