Chapter 7: ADF housing and meals

Part 1: Overview and indexes

7.1.1Overview
This Part gives an overview of the assistance that an eligible member may get for their housing and meals. It defines key terms and concepts. An index helps the member find information quickly based on their family type.
7.1.2How it assists
Housing assistance helps a member handle the hardships caused by the need to move location regularly or at short notice.
7.1.3Types of housing assistance – contributions and choices
1. / This table sets out the types of housing assistance an eligible member may get. The member may also have to contribute towards the cost.
Assistance / Description
Housing / The Commonwealth makes available living-in accommodation and Service residences for a member to occupy.
See:
Part 3, Living-in accommodation
Part 5, Service residences
Temporary accommodation allowance / A member who cannot live in suitable accommodation for a short time may be given an allowance to pay for a stay in a serviced apartment or hotel.
See: Part 4, Temporary accommodation allowance
Rent allowance / A member who lives in a rented home may be able to get an allowance to assist with the rent.
See: Part 6, Rent allowance
Partial rent allowance / The lower rate of rent allowance payable to a member who chooses to live out under subclause 7.3.9.3.
See: Part 3 Division 1
Meal costs / A member who has to live in may be provided with meals in the mess.
See: Part 7 Division 1, Contribution for meals.
Some members who live out may be given an allowance to pay for meals.
See: Part 7 Division 2, Food allowances for certain members who live out.
Utility costs / The Commonwealth may pay part of the cost of utilities, such as water, gas and electricity.
See: Part 8, Utilities
2. / Housing assistance does not provide all the cost of the housing, meals and utilities. The member may have to pay some of the cost. The payment is called a contribution. In some cases, the contribution is reduced or not charged to the member.
See: The relevant Parts in this Chapter for contributions for different kinds of accommodation.
7.1.4Contents
This Part includes the following Divisions:
Division 1 / Introduction
Division 2 / Family type fast-find index
Division 3 / Definitions and key concepts
Division 4 / House-hunting trips
Division 1: Introduction
7.1.5Purpose
The purpose of this Division is to outline these issues.
a. / The types of assistance a member can get to pay their housing and meal costs.
b. / Who is eligible for housing assistance.
c. / The kinds of accommodation a member may choose.
7.1.6Eligibility for housing assistance
Housing assistance may be given to a member who needs suitable accommodation and does not have a suitable own home in their posting location. The choice and type of suitable accommodation will depend on the member's category.
See:
Division 3 clause 7.1.16 for the definition of suitable accommodation.
Chapter 8, Members and their dependants.
7.1.7 Allowance not payable
Except as authorised under clause 5.8.6 or 5.8.14 or subclause 7.6.31.3, a member is not entitled to an allowance or reimbursement under this Chapter for any period when the member is not entitled to salary.
Note: Clauses 5.8.6 and 5.8.14 deal with allowances payable during leave without pay and part-time leave without pay, respectively.
Subclause 7.6.31.3 deals with payment of rent allowance during leave without pay.
7.1.8 Discretion in special circumstances
1. / The CDF may approve payment of an amount to a member who is not otherwise entitled to an allowance or reimbursement under this Chapter for reasons beyond the member’s control. Approval may only be given if the CDF is satisfied that it is reasonable in the special circumstances and consistent with the purposes of this Chapter.
2. / However, the amount must not be more than that payable in the circumstances to a member who is entitled to an allowance or reimbursement under this Chapter.
7.1.9 Amount of allowance for member serving a period of detention
1. / This clause applies to a member who is serving a period of detention under Service law.
2. / The member is entitled to any allowance that would otherwise have been payable to the member under this Chapter, if the allowance was payable to the member immediately before the member began to serve a period of detention.
Note: Regulation 68 of the Defence Force Regulations 1952 provides that a member undergoing detention under service law forfeits all allowances, other than those specifically provided for under this Determination.
Division 2: Family type fast-find index
7.1.10Overview
Many housing conditions depend on a member's dependant category. This Division is an index to the housing conditions that apply to each type of member. It provides a quick reference to the main features of housing assistance for members. The references link to the rules for housing entitlements.
7.1.11Members without dependants
These references apply to members without dependants.
Item / Reference / What it does
Introduction
1. / 7.3.9Member who can choose to live out
See: Part 3 Division 1 / Allows some members to live out and get rent allowance.
Definitions
2. / 7.1.15Posting location
See: Division 3 / Posting location is a concept used throughout housing assistance. This clause defines some exceptions to the basic meaning.
3. / 7.1.16Suitable accommodation
See: Division 3 / The type of housing a member may live in is defined differently for each type of member.
Living-in accommodation
4. / 7.3.7Member who may choose to live in
See: Part 3 Division 1 / Allows members to choose to live in, if they have no suitable own home.
5. / 7.3.23Member exempt from contribution
See: Part 3 Division 3 / Exemption from contribution for a member living in temporarily for Service reasons.
6. / 7.3.34Contributions for accommodation ashore
See: Part 3 Division 4 / Members must pay for accommodation ashore, when their ship is in its home port.
Temporary accommodation allowance
7. / 7.4.13Number of rooms in temporary accommodation
See: Part 4 Division 2 / Shows the number of bedrooms in the accommodation member is entitled to stay in.
8. / 7.4.26Rate of contribution
See: Part 4 Division 5 / Members without dependants have different rates of contribution.
House hunting trips
9. / 7.1.18Member who is eligible
See: Division 3 / Members without dependants may be eligible for a house-hunting trip to find a rented home.
7.1.12Members with dependants
These special conditions apply to members with dependants.
Item / Reference / What it does
Definitions
1. / 7.1.15Posting location
See: Division 3 / Posting location is a concept used throughout housing assistance. This clause defines some exceptions to the basic meaning.
2. / 7.1.16Suitable accommodation
See: Division 3 / The type of housing a member may live in is defined differently for each type of member.
House hunting trips
3. / 7.1.18Member who is eligible
See: Division 4 / Members with dependants may be eligible for a house-hunting trip to find a Service residence or rented home.
4. / 7.1.25Families with special needs
See: Division 4 / A member with dependants may get a
pre-posting visit, if the member's family has special needs.
Living-in accommodation
5. / 7.3.5Entitlement to housing assistance while living in
See: Part 3 Division 1 / Housing for the dependants of a member who is required to live in.
6. / 7.3.8Member who may choose to live in
See: Part 3 Division 1 / Allows a member with dependants to choose to occupy living-in accommodation that is not required for another member.
7. / 7.3.22Members who do not pay to live in
See: Part 3 Division 3 / Exemption from contribution for a member living in temporarily for Service reasons.
Temporary accommodation allowance
8. / 7.4.12Member required to live in
See: Part 4 Division 2 / Requires members with the rank of Major or lower to use living-in accommodation, if available.
9. / 7.4.26Rate of contribution
See: Part 4 Division 5 / Members with dependants have different rates of contribution.
7.1.13Members with dependants (separated)
These special conditions apply to members with dependants (separated).
Item / Reference / What it does
Introduction
1. / 7.3.9Member who can choose to live out
See: Part 3 Division 1 / Allows some members to live out.
Definitions
2. / 7.1.15Posting location
See: Division 3 / Posting location is a concept used throughout housing assistance. This clause also defines some exceptions to the basic meaning.
3. / 7.1.16Suitable accommodation
See: Division 3 / The type of housing a member may live in is defined differently for each type of member.
Living-in accommodation
4. / 7.3.5Entitlement to housing assistance while living in
See: Part 3 Division 1 / Members who are required to live in, are also entitled to housing for their dependants.
5. / 7.3.22Members who do not pay to live in
See: Part 3 Division 3 / Members do not have to pay a contribution.
Temporary accommodation allowance
6. / 7.4.12Member required to live in
See: Part 4 Division 2 / Member may be required to live in.
House hunting trips
7. / 7.1.18Member who is eligible
See: Division 4 / Members with dependants (separated) may be eligible for a house-hunting trip to find a rented home.
Division 3: Definitions and key concepts
7.1.14Definitions
This table defines terms used in this Chapter.
Term / Definition in this Chapter
Date of purchase / The date they enter into a contract to buy their own home.
Example: The member formally exchanges contracts.
Date of sale / For a member’s own home, the date they enter into a contract to sell the home.
Hotel / Includes a motel, boarding house or similar accommodation. It does not include a serviced apartment.
See: The definition of serviced apartment in this clause.
Homefind / The electronic database and home allocation system maintained by the Defence Housing Authority.
Own home and 'ownership' / a. The member is taken to own a home when one or a combination of these people hold an interest as an owner of the home.
i. The member.
ii. A dependant of the member.
iii. A company, trust, partnership or joint venture that the member or their dependant hold a controlling interest or equal share in.
b. The interest can be a controlling interest or an equal share.
Example: Three members buy an equal third share in a home. They rent it out when posted out of the home's location. When one of the members returns to the home's location, the member is taken to own the home.
c. The interest in the home may be legal or equitable.
Example 1:
The member is the sole beneficiary of a trust. Their dependant is the trustee who holds the legal title. The home is still the member's because they have an equitable interest in it.
Example 2:
The member's home is mortgaged to a lender. The member is still taken to own the home even though the lender also has an interest in it.
See: Chapter 7 Part 2.
Posting location / See: Division 3 clause 7.1.15
Rank / Worn rank.
Rent / A charge for a rented home for which rent allowance is payable. It includes both these charges if they apply.
a. A charge for a garage at the home.
b. A charge for rental of furniture or household appliances for the home.
See: Part 6 Division 4 clause 7.6.19, Working out rent allowance.
Term / Definition in this Chapter
Rent ceiling / An amount that is the maximum weekly rent that can be used to work out a member's rent allowance.
See:
Part 6 Division 2, How rent allowance is worked out
Annex 7.B, Rent ceilings
Service residence / A home provided by the Commonwealth.
Serviced apartment / Accommodation that the CDF is satisfied is a serviced apartment. The CDF must consider all these criteria.
a.Whether it has facilities that are similar to those generally available in an apartment or flat.
b. The level of services provided.
c. The level of cooking and dining facilities.
Note: As a guide, these would be regarded as suitable cooking and dining facilities.
i. A kitchen separate from bedrooms.
ii. A stove with two rings and an oven.
iii. A microwave.
iv. A suitable sized refrigerator.
v. A sink for washing dishes, with hot water supply.
vi. A pantry or other food storage area.
vii. Enough pots, pans, cutlery and crockery for the member or dependants.
viii. A dining table and dining chairs.
Suitable accommodation / See: Division 3 clause 7.1.16
Utilities / See: Part 8 clause 7.8.2, Utilities – definition
Utility connection deposit / A deposit required before water, gas or electricity services can be supplied to a home.
7.1.15Posting location
Chapter 1 Part 3 Division 1 clause 1.3.52 defines the basic meaning of posting location for service within Australia. This table defines exceptions and particular cases under this Chapter. This makes sure that housing assistance is targeted at a member's home even if they are away from it.
Item / If the member is… / and the member… / then their posting location is…
1. / a former member / rejoins the ADF / where they lived just before they rejoined the ADF.
2. / a member with dependants / meets both these conditions.
a. They are undergoing initial training.
b. They are not entitled to a removal