Tenancy Charges and Account Management Policy Supplement
Last published 20 Feb 2019
This document provides additional information to support the following policies of the Department of Family and Community Services (FACS):
- Tenancy Charges Policy
- Charging Rent Policy
- Water Usage Charges Policy
- Rent Subsidy Non-Disclosure Policy
- Account Management Policy
- Tenancy Charges and Account Management - Previous Policy Rules and Rates
- Current income eligibility for a rent subsidy
- Rent assessment rules
- Eligibility for the $5 minimum rent
- Eligibility for the Start Work Bonus
- Eligibility for Temporary Reduced Rent Payable
Water usage charges
- Tenancies and properties that are exempt from water usage charges
- Percentage water charge rate
- Minimum and maximum charges
- Water usage allowances
Rent Subsidy Non-Disclosure
- Receipt of information by FACS
- Inquiries related to alleged subsidy non-disclosure
- Assessment criteria and evidence for determining subsidy non-disclosure
- Outcome of assessment
FACS charges market rent for all its properties. This is the maximum rent a public housing tenant can be charged. The tenant can apply for a rent subsidy; the rent subsidy will reduce the amount of money the tenant has to pay in rent.
There are a number of household income limits and rent assessment rules that FACS uses to determine if a tenant is eligible for a rent subsidy and if so, how much rent they will pay. FACS determines a tenant’s eligibility for a rent subsidy by considering their household’s gross assessable income, household size, the age of household members and household income limits (or thresholds).
1. Current income eligibility for a rent subsidy
Household income limits are a range of income thresholds that determine whether the tenant is eligible for a rent subsidy and the percentage of income the tenant pays as rent.
FACS determines income limits by using different combinations of the four key household member types listed in the table below. FACS updates these income limits every year.
Adult: A person who is over the age of 18, or the tenant and/or their partner if under 18.
Child: A person who is under the age of 18, unless that person is the tenant or the tenant’s partner.
|Household member||Weekly income allowance|
|Moderate income limit (or threshold)||30% limit (or threshold)||Subsidy eligibility limit (or threshold)|
|Each Additional adult||$210||$236||$395|
|Each additional child||$110||$138||$195|
Applying rent subsidy income limits:
To determine which household income limit applies to a household, the following steps are applied:
- Step 1: Add up the assessable income for each adult in the household. Do not include any Commonwealth Rent Assistance (CRA) amounts.
- Step 2: Add up the number of adults in the household.
- Step 3: Add up the number of children in the household.
- Step 4: For the whole household, add up the weekly income allowance from Table 1 above.
- Step 5: Compare the amount at Step 4 with the assessable household income at Step 1. This comparison will show the applicable rent subsidy income limit.
2. Rent assessment rules
|Maximum rent payable||Market rent for the property|
|Gross assessable household income is less than the moderate income limit||Rent payable is 25% of income|
Gross assessable household income is:
Rent payable is between 25% and 30% of income, depending on how far the household income is above the moderate income limit
| Gross assessable household income is ||Rent payable is 30% of income|
|Gross assessable household income is equal to or more than the subsidy eligibility limit||Rent payable is the market rent for the property. These households will not be entitled to a rent subsidy.|
|Rent payable is calculated as being more than the market rent||Rent payable is the market rent for the property|
|Application of Vacant Bedroom Charge|
A Vacant Bedroom Charge may apply to some tenancies.
The subsidised rent payable will increase by:
The Vacant Bedroom Charge does not apply to Aboriginal Housing Office tenancies.For more information see the Charging Rent Policy
|Minimum age of a household member for their income to be included as part of the gross assessable household income|
Exception: Where a tenant and or their partner is under the age of 18. In these cases, they are treated as adults and FACS includes their income as part of the gross assessable household income.
|Application of concessional rates|
FACS will assess the income of some household members at a reduced percentage rate, called a concessional rate.
Concessional rates may apply to some members of the household:
In these circumstances for these household members, a concessional rate of 15% will apply.
Where the gross assessable household income attracts a rent payable of between 25% and 30% of income, that assessment rate will only apply to those household members who do not receive a concessional rate.
|Aboriginal Housing Office (AHO) tenants and Commonwealth Rent Assistance (CRA)|
FACS will assess 100% of the imputed CRA amount.
If a person in an AHO household is not eligible for CRA, then that person's rent payable will not include CRA.
If the tenant informs FACS that their CRA payments paid by Centrelink are different to those imputed by FACS then FACS will undertake a review and if applicable may make an adjustment to the rent payable.
If the household members eligible for CRA do not apply to receive CRA from Centrelink, CRA
FACS will make only one client initiated adjustment to CRA for each household member, other than where the household income or number of people in a household change.
FACS rounds all subsidised rents to the nearest five cents.
Assessable income and assets
Tables 2-6 below provide information on assessable income and assets. Income and assets are assessable for household members aged 18 years and over, or the tenant and/or their partner if aged under 18 years.
|Assessable Income||Description / further rules if applicable|
|ABSTUDY||Helps with costs for Aboriginal or Torres Strait Islander Australians who are studying or undertaking an Australian Apprenticeship.|
|Age Pension||Provides income support and access to a range of concessions for eligible older Australians.|
|Austudy||Financial help to full-time students and Australian Apprentices aged 25 years or more.|
|Carer Payment||A payment for people who personally provide constant care, in the home, to a person with a severe disability, medical condition, or who is frail aged.|
|Commonwealth Rent Assistance|
Usually public housing tenants and their partners are not eligible to receive CRA as they pay ‘government rent.’ However, where a household member, the tenant or their partner receives CRA, the amount is included in the rent subsidy assessment and assessed at 100% of the CRA amount.
CRA is not taken into consideration in determining the subsidy eligibility threshold.
|Aboriginal Housing Office (AHO) tenancies: |
Where AHO tenants and/or their household members are entitled to CRA, FACS will assess the amount they are entitled to, whether or not the client actually receives it.
CRA is not taken into consideration in determining the subsidy eligibility threshold.
|Dad and Partner Pay||Up to 2 weeks government funded pay to supporting dads or partners caring for a newborn or recently adopted child .|
|Disability Support Pension||Financial support for people who have a physical, intellectual or psychiatric condition that stops them from working or people who are permanently blind.|
|Defence Force Income Support Allowance||Income support payment made by the Department of Veteran Affairs.|
|Energy Supplement||Where paid as a quarterly payment, the supplement will be assessed based on the equivalent weekly payment.|
|Family Tax Benefits Parts A & B||Family tax benefits are assessable if they are paid on a fortnightly basis. A parent may receive Family Tax benefits for their child over the age of 18 years. In these cases, the Family Tax Benefits are considered assessable income for the parent.|
|Incentive Allowance||The Incentive Allowance is paid to disability support pensions who previously received the Sheltered Workshop allowance.|
|Income Support Supplement (DVA)||Income support in addition to the War Widow’s pension.|
|Large Family Supplement||This supplement is no longer paid.|
|New Enterprise Incentive Scheme (NEIS allowance)||Provides eligible job seekers interested in starting and running a small business with training business mentoring and financial assistance.|
|Newstart Allowance||Financial help for people who are looking for work or participating in approved activities that may increase chances of finding a job.|
|Parenting Payment||Income support for parents or guardians to help with the cost of raising children.|
|Parental Leave Pay||Financial support for up to 18 weeks to help eligible parents take time off work to care for a newborn or recently adopted child.|
|Partner Allowance||Support for people with limited work experience who are finding it hard to get work and their partner receives an income support payment.|
|Service Pension||Also known as War Service Pension.|
|Sickness Allowance||A payment for people aged 22 years or older, but under age pension eligibility age, who temporarily cannot work or study because of an injury or illness.|
|Special Benefit||Help for people who are in severe financial hardship, not able to support themselves and any dependants, and unable to receive another income support payment.|
|Veterans’ Children Education Scheme||Provides financial assistance to eligible students up to 25 years of age.|
|Veterans’ Supplement (DVA)||A fortnightly payment to pensioners who do not receive an income support pension is not means tested, and is paid automatically to eligible pensioners.|
|War Service Pension||The War Service Pension is also known as Service Pension|
|War Widow's Pension||Paid under the Veterans’ Entitlements Act to compensate widowed partners of veterans who have died as a result of war service or eligible defence service.|
|Widow Allowance||Help for women, born on or before 1 July 1955, with no recent workforce experience who have become widowed, divorced or separated since turning 40.|
|Widow B Pension||A payment for an older widow who did not qualify for Parenting Payment, has limited means and has lost the financial support of her partner.|
|Wife Pension||A payment for the female partner of an age pensioner or disability support pensioner. Centrelink have not made new grants of this pension since 1 July 1995.|
|Working Credits||A Centrelink scheme where the client continues to receive their Centrelink payment in addition to wages as an incentive to work. Note: both the working credits and wages are considered assessable income.|
|Youth Allowance||Financial help for people aged 16 to 24 years who are studying full time, undertaking a full time Australian Apprenticeship, training, looking for work or sick.|
|Assessable Income||Description / further rules if applicable|
|Community Development Employment Project (CDEP) payments|
Indigenous community organisations are funded by the Department of Employment and Workplace Relations and the Torres Strait Regional Authority to run CDEPs in urban, rural and remote Aboriginal and Torres Strait Islander communities. CDEPs relate to each community’s needs.
Activities develop participant’s work and employment skills. CDEPs also act as a stepping stone into the mainstream labour market.
|Child support payments, maintenance or maintenance in kind|
Assessable if received by the tenant or other household member.
Where a client advises they are not receiving the child support/maintenance payments that:
they must provide supporting documentation to demonstrate that payments have not been received. The documentation will vary depending on the situation, but will generally include one or more of the following:
When the client provides this information, the assessable income relating to the child support component will be assessed as the reduced child support payment and Family Tax Benefit Entitlement, or Family Tax Benefit entitlement where no child support payments have been received.
‘Maintenance in kind’ is a non-cash support payment, made in lieu of cash payment, and most often associated with essentials such as food, school fees and other education expenses, or items such as medical insurance or expenses.
Birthday presents, gifts, pocket money, and ad hoc purchases are not considered ‘maintenance in kind’, so these items are not considered allowable to be deducted from gross income.
|Defence Force Payments and Allowances, Defence Force Reserve Payments and Allowances||Defence Force Payments and Allowances exclude deferred pay.|
|Dust Diseases Board Compensation payments||Any lump sum payment itself is not assessable; however any income from the investment of that lump sum is assessable. These rules apply even if the person has disposed of the lump sum payment. Lump sum payments paid by instalments will be assessed as income. If this income is less than the Centrelink benefit that would normally be received, the income assessment will be based on the relevant Centrelink benefit to which the person would otherwise be entitled.|
|Fire fighters Volunteer Payments|
|Fringe Benefit Tax payments||Tax payable by employers for benefits paid to an employee.|
|Other Income||Any regular income received that is not specified in this Policy.|
|Parental Leave Pay||Eligible employees who are the primary carer of a newborn or adopted child can get up to 18 weeks leave paid at the national minimum wage.|
|Salary/Wages||The gross amount paid i.e. the amount paid before tax and any other deductions are made.|
|Salary Sacrifice||Salary sacrifice in lieu of part of the salary will be included and added to the gross income.|
FACS will determine the deductable and non-deductable business expenses and income for the self employed person. See Table 12 for legitimate business expenses.
The difference between a hobby and a business is if the activities are not undertaken for commercial reasons ie not aimed at making a profit. The activity is undertaken irregularly, is small in size, scale and permanency. The activity is conducted usually in the client’s spare time. The client does not intend to or actually make a profit.
Superannuation funds include accessible or non-preserved funds and non-accessible or preserved funds. Preserved funds do not allow the investor to withdraw from the funds until they reach retirement age, while non-preserved funds can be withdrawn at any time.
Superannuation taken at retirement age is assessed in the following manner:
Superannuation funds not taken at retirement are assessed as savings.
Superannuation funds drawn down before retirement are assessed as savings.
|Wages/Salary||The gross amount paid i.e. the amount paid before tax and any other deductions are made.|
|Work Cover Payments||Injured workers entitled to weekly payments to help reduce any lost income.|
|Assessable Income||Description / further rules if applicable|
|Allocated pensions and annuities, including any income generated from income streams||Only the income generated is assessable.|
|Dividends and/or earnings from a business||The dividend or earnings received is assessable.|
|Financial assets such as savings bank accounts, term deposits, managed funds, winnings, money from inheritance, gift or deceased estate, trust accounts, rollover funds, investments that are used to generate an income stream.|
The first $5000 of each person’s total amount of savings or financial assets is exempt from assessment.
Interest is calculated on the balance of savings and financial assets after exempting the first $5000.
FACS deems the interest rate. This rate is aligned to the Centrelink deeming rate.
|Assessable Income||Description / further rules if applicable|
If a wage or fee is paid to jurors or expert witnesses, or payments are made to cover wages or salary lost during the court sitting.
|Lump sum compensation payments|
A lump sum payment may preclude a client from receiving a Centrelink payment for a period of time. Income for rent assessment purposes is based on the person’s assumed Centrelink income, appropriate to their age and household composition. The client should obtain a letter from Centrelink stating the preclusion period.
The lump sum payment itself is not assessable; however any income from the investment of that lump sum is assessable
Lump sum payments paid by instalments will be assessed as income. If this income is less than the Centrelink benefit that would normally be received, the income will be based on the relevant Centrelink benefit.
These rules apply even if the person has disposed of the lump sum payment.
|Overseas pensions or benefits paid by an overseas government||These amounts will be assessed as provided through the Centrelink Income Confirmation Scheme or at the current rate of exchange at the date of assessment.|
|Scholarships, prizes and grants|
Any living component, including accommodation expenses, is assessable.
There are a wide range of scholarships, prizes and grants awarded by the Commonwealth Government, universities and schools. The type and purpose of each payment will determine how it is treated for rent assessment purposes.
A Youth Scholarship or High School Scholarship awarded by FACS is not assessable.
|Assessable Assets||Description / further rules if applicable|
|Collections - hobby, trading or investment|
A Collection may comprise items such as art, bullion, coins, or stamps.
A collection is an assessable asset for rent subsidy assessment purposes. The gross value of the collection will be treated as a financial asset and deemed interest income will apply.
|Other Asset – for example: gold, silver or platinum bullion|
Bullion is an assessable asset for rent subsidy assessment purposes.
Whether or not income is derived, the value of the asset will be treated as a financial asset and deemed interest income will apply.
|Property assets such as real estate, vacant land, infrastructure|
If a tenant or their partner owns or has a share in a property that could provide a viable alternative to social housing, they will not be eligible for a rent subsidy.
If a tenant or their partner is leasing the property to another person, they are not eligible for a rent subsidy, irrespective of the amount of rent earned.
Where the tenant or their partner has only a part share in the property, that share of any income generated by the property will be treated as assessable income.
Where the tenant or their partner has only a part share in the property and there is no income derived, the value of the property share will be treated as a financial asset and deemed interest income will apply.
If another household member owns or has a part share in a property in Australia:
If a tenant, their partner or another household member owns a property overseas, any income generated by that property will be treated as assessable income. If a tenant, their partner or another household member owns, part-owns or has an interest in land or infrastructure used for farming, agricultural or other primary production purposes, the income generated is considered assessable income for rent assessment purposes. If no income is derived, the value of the property, part-share or interest in the land or infrastructure will be treated as a financial asset and deemed interest income will apply.
Non-assessable income and assets
Tables 7-12 below provide information on non-assessable income and assets
|Non-assessable Income||Description / further rules if applicable|
|ABSTUDY Fares Allowance||Helps cover the cost of travel between a young person’s permanent home and place of study if they need to live away from home to study and receive ABSTUDY.|
|ABSTUDY Pensioner Education Supplement||Helps students with the ongoing costs of full-time or part-time study in a secondary or tertiary course.|
|ABSTUDY Youth Disability Supplement||Additional financial support for young people with physical, intellectual or psychiatric disability who receive specified income support payments.|
|Assistance for Isolated Children Scheme (AIC)|
Includes the Boarding Allowance, Second Home Allowance, Distance Education Allowance and AIC Pensioner Education Supplement
|Attendant Allowance (DVA)||Financial support for eligible veterans who require assistance due to specific service-related disabilities.|
|Bereavement Allowances or Bereavement Payments|
Where a partnered person receives the couple rate of a pension, and their partner dies, the surviving partner will continue to receive the equivalent Couple rate up to a maximum period of 14 weeks.
During this period, the tenant or household member’s income is assessed at the appropriate single rate of Centrelink pension or benefit to which they would otherwise be entitled.
The Carer Allowance was previously the Domiciliary Nursing Care Benefit
|Community Development Employment Project Participant Supplement (CPS)|
CPS is additional assistance provided by Centrelink to some CDEP participants
| Carer Supplement / Carer Supplement|
|An annual lump-sum payment to assist carers with the costs of caring for a person with a disability or medical condition.|
|Child Care Benefit||A specific benefit to assist with the payment of child care fees up to 1 July 2018. From 2 July 2018 clients may be assisted with Child Care Subsidy.|
|Child Care Rebate||Payments to help with the cost of child care up to 1 July 2018. From 2 July 2018 clients may be assisted with Child Care Subsidy.|
|Child Care Subsidy||Assistance to help clients with the cost of child care from 2 July 2018.|
|Clothing Allowance (DVA)||May be paid to an eligible veteran, Member of the Forces, or member of a Peacekeeping Force for wear and tear and damage to clothing resulting from war or defence-caused disabilities, or the treatment of those disabilities. For example, damage may be caused by the wearing of surgical aids and appliances.|
|Commonwealth Redress Scheme||Payments to survivors of institutional child sexual abuse.|
|Crisis Payment||A one off payment for clients that experience severe financial hardship and extreme circumstances.|
|Disability Youth Supplement|
The Disability Youth Supplement is paid to clients who are under 21 years of age and receive a Disability Support Pension.
|Disability Pension (DVA) or Disability Allowance (DVA)|
The Disability Pension or Allowance when paid by Veterans’ Affairs is also known as War Disability Pension or War Disability Allowance. This is paid to compensate veterans for injuries or diseases caused or aggravated by war service or certain defence service on behalf of Australia. Payment types include totally and permanently incapacitated, temporarily totally incapacitated and blinded, intermediate rate and extreme disablement adjustment.
If the remaining income is less than the standard benefit rate, the assessment is based on the standard Centrelink pension or benefit to which the person would otherwise be entitled.
|Disaster Recovery Allowance or Disaster Relief Payment|
|Distance Education Allowance|
|Domiciliary Nursing Care Benefit|
|Double Orphan Pension||Help with the costs of caring for orphaned children or children who are unable to be cared for by their parents in certain circumstances|
|Drought Force Supplement|
|Educational Allowances paid for secondary school student||Government payments received by clients when they start study or payments in addition to certain other statutory income support received.|
|Education Entry Payment||Available to people receiving some income support payments, to help with the cost of study.|
|Employment Entry Payment|
|Essential Medical Equipment Payment||Helps with the additional cost of running essential medical equipment, medically required heating or cooling, or both.|
|Family Tax Benefits Parts A & B taken through taxation system||Where Family Tax Benefits Parts A & B are taken through the taxation system or as a lump sum payment at the end of the financial year following the Family Assistance Office’s FTB reconciliation process, these payments will not be assessed.|
|Foster Care Allowances||Reimbursements received from non-government organisations such as Barnardo’s to provide temporary foster care.|
|Financial Supplement Loan|
|Flexible Support Payment|
Established in 2011 to facilitate the delivery of the Australian Government Disaster Recovery Payments (AGDRP) and the Disaster Recovery Allowance (DRA). Payments made under the AGDRP are usually one-off lump sums, but there is provision for payment in instalments.
|GST Supplement or Component||This payment is included in the Pension Supplement.|
|Guardianship Allowance||Guardian clients that receive an allowance to assist them to meet the needs of a child or young person.|
|Income Support Bonus||The last instalment was paid in September 2016; the Bonus is no longer paid.|
|Jobs Education and Training Child Care Fee Assistance||Helps with the cost of approved child care for eligible parents undertaking an approved activity.|
|Language, Literacy and Numeracy Program Supplement||Payments to assist people on eligible income support payments with the additional costs associated with participating in language, literacy and numeracy programs|
|Living Allowance/Board Provider||Living allowance is for assistance in meeting the day to day living costs of students or apprentices. The Living Allowance payments can be made to the board provider under certain circumstances. Linked to ABSTUDY.|
|Low Income Supplement, Low Income Family Support||These payments ended on 30 June 2017, and are no longer paid.|
|Maternity Immunisation Allowance||Paid as a component of Family Tax Benefit Part A.|
|Mobility Allowance||A payment for people with disability, illness or injury who cannot use public transport without substantial assistance and who participate in approved activities.|
|Multiple Birth Allowance|
|National Green Jobs Corp Supplement||A training supplement payment available to eligible income support young Australians in climate change-related industries.|
|Newborn Upfront Payment or Newborn Supplement||An increase to a person’s Family Tax Benefit Part A payment when they have a baby or adopt a child.|
|Orphans Allowance/Pension (DVA)||Pensions paid to compensate widowed parents and dependent children of veterans who have died as a result of war service or eligible defence service. War widow's pension and orphan's pension are not affected by other income, except from other compensation payment.|
|Regular extra income support payment to help eligible people meet the costs of medical and living expenses.|
|Pension Bonus Scheme||Designed to encourage people to remain in the workforce longer by offering a bonus to eligible people who wish to keep working beyond pension age.|
|Pensioner Education Supplement||Helps students with the ongoing costs of full-time or part-time study in a secondary or tertiary course.|
|Permanent Impairment Payment (DVA)||Permanent Impairment payments can be paid as a lump sum payment, a pension or a combination of both depending on which Act the condition is accepted under.|
|Pharmaceutical Allowance||Helps with the cost of buying prescription medicines. Paid to eligible income support recipients with their regular fortnightly Centrelink payment.|
|Prisoner Of War Recognition Supplement (DVA)||Provides special recognition of former surviving Australian prisoners of war (POWs), both veteran and civilian, for the severe hardships and deprivations they experienced.|
|Remote area allowance||Financial help for people who receive specified income support payments and live in a remote area.|
|Schoolkids Bonus||Helped with education costs and was automatically paid in January and July. Schoolkids Bonus has been phased out, with the final instalment paid in July 2016.|
|Statutory Care Allowance or Supported Care Allowance||Formerly known as Fostering and Boarding Out Allowance.|
|Stillborn Baby Payment||A one off payment for if clients have a stillborn baby.|
|Telephone allowance||Helps with the costs of maintaining a telephone and a home internet service for people who receive specified income support payments.|
|Training Supplement||Payments to eligible young people to cover some basic costs whilst training or leaving out of home care.|
|Transition to Independent Living Allowance||Payment to young people who move from formal care to independent living.|
|Utilities allowance||Helps to meet the costs of regular bills such as gas, electricity and water for people on specified Centrelink payments.|
|Youth Disability Allowance|
|Work for the Dole Supplement||Income support payments for job seekers in approved work programs that benefit local communities.|
|Non-assessable Income||Description / further rules if applicable|
|Child support payments, maintenance or maintenance in kind||If paid by the tenant or household member, this amount is deducted from gross income.|
|Clothing Allowance, Laundry Allowance||Payments made by employers to reimburse their staff for clothing or laundry expenses.|
|Honorarium||Honorarium, sitting fees or other payments for services as a director or on a volunteer board.|
|Travel and sustenance allowance, including car allowance|
Payments made by employers to reimburse their staff for expenses reasonably and necessarily incurred in travelling on official business and in performing specific duties at a temporary work location.
Circumstances covered by travel and sustenance allowance include:
Where funds are non-accessible preserved funds prior to retirement.
|Non-assessable Income||Description / further rules if applicable|
|Funeral Bond||Up to the Centrelink Allowable Limit.|
Lump sum investments
Any lump sum or capital amount that is used to generate an income stream is not assessable as savings (or investment income).
The income stream generated from the lump sum is assessable income.
The share value is not assessable as savings (or investment income).
The income generated from the shares is assessable income.
|Account used exclusively for funding from the National Disability Insurance Scheme (NDIS)|
Table 10: Non-assessable special purpose payments
Description / further rules if applicable
Business Services Wages Assessment Tool Payment Scheme
A one-off lump sum payment made to eligible supported employees with an intellectual impairment whose wages were assessed and paid under the Business Services wages Assessment Tool (BSWAT).
The lump sum payment is not assessable for rent subsidy assessment purposes; however any income earned from the investment of that lump sum is assessable.
Chilean Pension of Mercy
The Chilean Pension of Mercy is paid by the Chilean Government to compensate and repair the moral suffering of the victims and relatives of victims of human rights abuse or political violence that occurred in Chile between 11 September 1973 and 10 March 1990 under the Pinochet Regime.
Child support payments, maintenance or maintenance in kind
If paid by the tenant or household member, these payments are deducted from gross income.
|Compensation payments under the Stolen Generation Reparation Scheme||Financial compensation to survivors of the Stolen Generations.|
F-111 Deseal/Reseal Program ex-gratia lump sum payment (Australian Defence Forces)
This payment is made in recognition of the special circumstances associated with deseal/reseal activities. It recognises that those who worked inside the F-111 fuel tanks for significant periods of time experienced greater concentrations of the chemicals and solvents associated with the F-111 deseal/reseal process.
Japanese Internment Act payment
A one-off payment of $25,000 to Australian service personnel and civilians held as prisoners of war between 7 December 1941 and 29 October 1945, or to their surviving partners.
Jury attendance or court appearances
Payments for out of pocket expenses
Korean Internment payment
One-off payment of $25,000 to veterans who were interned by the North Korean military forces between 27 June 1950 and 19 April 1956, or their surviving partner.
Local Carer Awards
National Redress Scheme (NRS)
A specific payment received from the National Redress Scheme for Institutional Child Sexual Abuse, or a civil compensation payment in relation to institutional child sexual abuse.
Overseas restitution/compensation payment or allowance
A specific payment by the German, Swiss, Austrian or other European Governments.
Stolen Generation Reparation Scheme (SGRS) and Funeral Assistance Fund compensation payments
The Stolen Generations Reparations Scheme provides ex gratia payments of $75,000 to living Stolen Generations survivors who were removed from their families and committed to the care of the NSW Aborigines Protection or Welfare Boards. This payment is made in recognition of the harm that these removals caused.
The Funeral Assistance Fund provides one-off payments of $7,000 to Stolen Generations survivors to assist with the cost of funerals
Victims of Crime Compensation
A lump sum payment made to compensate a victim of a crime.
|Non-assessable Asset||Description / further rules if applicable|
|Self-managed budget||Payment/s to the participant or the participant’s nominee for the purchase of reasonable and necessary disability support services.|
|Agency managed budget||Payment/s to a participant’s support provider to pay for reasonable and necessary disability support services.|
|Plan managed budget||Payment/s to a Plan Manager to pay for reasonable and necessary disability support services.|
|Automated Transport Budget||Automated payment/s to a participant’s nominated bank account. Payments can be made weekly, fortnightly or monthly depending on a participant’s support package.|
|Non-assessable Asset||Description / further rules if applicable|
|Land with dwelling or building under construction||Where a dwelling or other building is under construction and income is unable to be generated.|
The property might not be considered for assessment purposes where it is:
|Personal assets||Includes assets such as cars, caravans, boats, jewellery, clothing, furniture, personal mobility equipment etc.|
Deductable and non-deductable business expenses
The following Table provides details of business expenses for which deduction may be made from the gross income of a self-employed person. The deductable expenses must be essential to the primary purpose or type of the business. Note that some expenses may not be treated by the Australian Taxation Office in the same manner.
|Deductible business expenses|
|Depreciation||Public risk insurance (Premiums)|
|Electricity (non-domestic)||Rent for commercial premises or a virtual trading space i.e. an electronic retail outlet|
|Equipment and lease of equipment||Salary for employees|
|Gas (non-domestic)||Superannuation levy for employees|
|Goods to be sold||Telephone (non-domestic)|
|Insurance fees and premiums essential to the primary purpose of the business||Tools|
|Interest component of a loan repayment where the loan was made for the primary purpose of the business||Travel|
|Licenses that are essential to the business||Subscriptions|
|Materials||Wages for employees|
|Motor vehicle expenses essential to the primary purpose of the business|
The following Table provide details of business expenses for which deduction from the gross income of a self-employed person will not be made. Note that some expenses may not be treated in the same manner by the Australian Taxation Office.
Non-deductible business expenses
|Accountancy fees||Licences that are not essential for the business|
|Amenities and refreshments for staff||Medicare levies|
|Bank or money transfer fees, bank surcharges or dishonour fees, account service fees||Motor vehicle expenses that are not essential to the business|
|Book keeping fees||NRMA or other roadside service fees|
|Broadband, internet and Wi-Fi support and access fees||Office cleaning costs, cleaning products|
|Company Registration and Return costs||Office maintenance and refurbishment|
|Computer Consumables||Payroll tax and expenses such as payroll preparation fees|
|Course costs and staff training||Personal expenses|
|Debts of the business, including liability of bad debts||Principal component of loan repayment|
|Domestic expenses||Protective clothing and uniforms|
|Donations||Purchase of capital items, small plant equipment, including mobile phones, laptops, notepads or other electronic devices|
|Drawings||Rent for residential premises|
|Dry cleaning or laundry||Research costs|
|Electricity (domestic)||Salary for the business owner|
|Expenses paid forward||Signage|
|Fees –membership of professional associations, financial or business advice||Stamp Duty|
|Fees - parking, tolls, vehicle storage||Storage fees for goods to be sold|
|Fees – Web content manager||Superannuation contributions for the self-employed person|
|Fines – parking, speeding or other (e.g. food handling fines)||Taxation levies|
|Gas (domestic)||Telephone (domestic)|
|Gifts or donations||Training and professional development courses for the self-employed person|
|GST on goods purchased to be on-sold||Wages for the business owner|
|Insurance Premiums – Life, Workers Compensation, Home and Contents, or Income Protection||Water usage – where business is highly dependent on water, e.g. beautician, growing plants, dog washing.|
|Legal fees||Web site development costs.|
Proof of income and assets
When applying for a rent subsidy, a client must provide documents to prove all income received by all members of their household aged 18 years and over. Proof of income documents must be original. Examples of acceptable proof of income are documented in the table below. FACS may request further documentation or evidence to support the proof of income requirements.
|Income/Asset Type||Proof of income|
|Benefits and allowances paid by Centrelink or the Department of Veterans’ Affairs|
|Child support, maintenance or maintenance in kind|
|Income from bank accounts and investments, trust accounts, and other financial assets|
Note: documents are required for any funds held in any and all bank, credit union, or other financial institution, including accounts which a tenant or household member operates as Trustee, either within or outside Australia.
Property assets (Real estate), including land, commercial or residential premises, interest in deceased estate or inheritance.
For property owned or part-owned by the tenant or household member in Australia or overseas
|Special purpose payments|
|Wages/salary/superannuation/self-managed superannuation fund, and other income|
Participation in the Income Confirmation Scheme (ICS)
If a public housing tenant or household member receives payments from Centrelink, they can agree to Centrelink providing details of their Centrelink income through the ICS. If the clients agree to participate in the ICS, FACS may use Centrelink’s advice of their assessable income to determine eligibility for a rent subsidy.
If income changes, the ICS does not automatically provide FACS with their updated income details from Centrelink. Therefore, if a member of a public housing tenancy participates in the ICS, they must inform FACS within 28 days of any changes to their income. They do not need to provide further details of a Centrelink pension or allowance change, as FACS will then request this electronically using the ICS.
If a tenant or household member participates in the ICS and has an income in addition to their Centrelink payment, they may need to give FACS proof of this income separately if FACS is not able to obtain that information from Centrelink in an acceptable form.
Although FACS obtains a client’s income information through the Centrelink ICS, FACS may request additional evidence from the tenant to verify the household income.
Social Housing Management Transfer program rent charges
Following the transfer of FACS tenants to community housing management, CHPs must temporarily adopt the former FACS Housing tenant’s rent and water charges until the tenant’s income changes (if the tenant is on a shared water meter) and a new subsidy is assessed. After this time, CHPs may apply their own policy for assessing the tenants new rent and water charges
If the tenant is on a separate water meter, the CHP must adopt the current water charge until the next bill from the water authority is received, after which time the CHP may apply their own policy for assessing the tenant’s new water charges
If the tenant is on Centrelink benefits, an income change may be triggered by a six monthly Centrelink CPI adjustment.
If the tenant is earning wages which have not changed, CHPs may re-assess the tenant’s subsidy no sooner than 12 months since FACS Housing last assessed the subsidy. After this time, CHPs may apply their own policy for assessing the tenants new rent subsidy
Commitments to tenants which are live at the point of transfer and which relate to rent or water charges need to be preserved for the length of the pre-approved commitment period.
3. Eligibility for $5 minimum rent
In some situations, FACS will assess a tenant or household member’s contribution to the rent payable as $5 per week. These situations are set out in Table 1 below.
The tenant must provide documentation to substantiate all claims for the minimum rent charge.
A $5 minimum rent is not applied:
- To the Estate of a deceased tenant who was the sole occupant of the property.(In these cases, refer to the Manage the Death of a Sole Tenant - Procedure).
- Where the tenant or a household member is on holiday, overseas, or away from their property for an acceptable absence.
Under the Social Housing Management Transfer program if, at the time of management transfer a tenant or household member has been approved by FACS for a $5 minimum rent, the community housing provider will accept the arrangement until the end of the approved period.
At the end of the approved period, the community housing provider may then apply their own policy/practice for further assessing the client’s needs in regard to assisting clients in this situation.
No Centrelink income as spouse or partner earns too much.
The tenant or adult household member receives no other income and is not eligible for Centrelink benefits due to the income of their partner.
Every six months, FACS will review the $5 rent assessment.
Sponsorship, two-year or five year waiting period or holding a temporary visa while waiting for a Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) decision on immigration status.
The tenant or adult household member (other than a NZ non-protected SCV holder) receives no other income (or receives only Family Tax Benefits) and is not eligible for Centrelink benefits due to their immigration status.
Note: Family Tax Benefits are assessable income for rent assessment purposes.
Every six months, FACS will review the $5 rent assessment.
Youth Allowance / ABSTUDY and the Family / Parental means test
The tenant or adult household member is:
Some household members over the age of 18 years do not receive Centrelink income, have no other income, and their parent receives Family Tax Benefits on their behalf. These household members are eligible to pay a $5 minimum rent.
Every six months, FACS will review the $5 rent assessment. After review, FACS will either extend or cancel the $5 minimum rent.
Nursing home, rehabilitation, respite care or a refuge (or other safe place)
The tenant or adult household member’s living expenses are increased because they are required to pay a fee for their accommodation while in a nursing home, rehabilitation centre, respite care, or refuge (or other safe place) after leaving domestic violence. Where there are other adult household members remaining in the dwelling, their income is included in the calculation of the rent subsidy.
Every three months, FACS will review the $5 rent assessment. After review, FACS will either extend or cancel the $5 minimum rent.
A tenant or household member who is in prison for six months or less is eligible for $5 minimum rent.
Tenants who go to prison for a period of more than six months must relinquish their tenancy. Where there are other household members, FACS will review the circumstances of the household and consider whether another household member is able to be considered for recognition as a tenant.
5. Eligibility for the Start Work Bonus
Tenants or any person in the household over the age of 18 will be eligible for the Start Work Bonus provided:
- The tenant applies directly to FACS for the Start Work Bonus by completing a rent subsidy application and providing evidence of the household income (even if the income details were provided through the Income Confirmation Scheme) within 28 days of starting paid employment for casual, part time, full time or seasonal work, or self-employment, and
- The Rent Subsidy Application form documentation is provided within 28 days of starting paid employment - verbal notification is not acceptable, and
- The tenant receives a rent subsidy and the person applying for the Start Work Bonus did not include wages as a source of income before they started the job, i.e., they are not already in existing employment, and
- The increase in household income is not due to the tenant or household member moving from one type of employment to another, including, for example, moving from part time to full time work, and
- The tenant or household member is currently receiving a statutory income, and
- The tenant or additional occupant is not receiving a New Enterprise Scheme Allowance, and
- The tenant or household member is not receiving income from Work for the Dole that is equivalent to the Newstart Allowance (or other statutory benefit) appropriate for their age and household composition, and
- The tenant or household member is not a low wage earner who receives an income below the Newstart Allowance (or other statutory benefit) appropriate for their age and household composition.
- The tenant or household member is not paying a concessional rent eg $5 minimum rent or a temporary reduced rent
- The total grace period entitlement is not exceeded.
FACS reserves the right to limit or decline a request for the Start Work Bonus to be granted where the household employment history indicates a misuse of the grace period assistance.
Under the Social Housing Management Transfer program if, at the time of management transfer a tenant has been approved by FACS for a Start Work Bonus, the community housing provider will accept the arrangement until the end of the approved period.
At the end of the approved period, the community housing provider may then apply their own policy/practice for assessing the client’s needs in regard to assisting clients in this situation.
6. Eligibility for temporary reduced rent payable
In some situations, FACS will reduce the rent payable by the tenant for a short period of time. These situations are set out in Table 1 below.
Refer to Amend Rent Payable – Procedure
|NCAT Order (not related to Market Rent Review)||CNMR||Where the NSW Civil and Administrative Tribunal (NCAT) ordered that the rent payable be amended for a period of time and the order is not related to the annual Market Rent Review.|
|Damage Rectification||RECT||Where a property has been damaged and the repairs are to be completed whilst property is occupied or the tenant has been relocated for a short period for the repairs to be completed. The tenant cannot utilise the full amenities of the property and the tenancy has not been terminated.|
|Fire Damage||FIRE||Where a property has been damaged by fire and the repairs are to be completed whilst the property is occupied or the tenant has been relocated for a short period for the repairs to be completed. The tenant cannot utilise the full amenities of the property and the tenancy has not been terminated.|
|Hard to Let Property||HTLP||In cases where a property is considered Hard To Let and a reduced rent payable has been approved for a period of time.|
|Maintenance Required||MAIN||Where maintenance is required to a property before a tenant is to move in and the tenancy has already been created.|
|Outcome of Estate of deceased tenant pending||ODEC||Where a sole tenant has died and tenancy cannot be ended until Management of the Deceased Estate is determined and keys are returned.|
|Recognition as a Tenant pending||SUCC||Where an application for Recognition as a Tenant is being reviewed and rent payable by household member is to be reduced to the household member’s rent amount. Existing Subsidy Review will remain in place until there is a decision outcome.|
|Refurbishment||RFMT||Where a property is to be refurbished whilst the property is occupied or the tenant has been relocated for a short period for the refurbishment to be completed. The tenant cannot utilise the full amenities of the property and the tenancy has not been terminated.|
|Regional Capped Rent||REGC||Where a District Director has approved a reduction in rent payable for a property.|
|Relocation for Management Purposes||MGMT||Where a tenant is paying market rent and has been relocated to a property with a higher market rent for management purposes. Rent is reduced by 50% of the difference between the market rents for 26 weeks.|
|Storm Damage||STOR||Where a property has been storm damaged and the repairs are to be completed whilst the property is occupied or the tenant has been relocated for a short period for the repairs to be completed. The tenant cannot utilise the full amenities of the property and the tenancy has not been terminated.|
Water usage charges
1. Tenancies and properties which are exempt from water usage charges
Some tenants are exempt from water usage charges due to the type of tenancy they have, or the program purpose of the property they live in. Tenancies and properties that are exempt from water usage charges are detailed in Tables 1 and 2 below.
Exempt tenancy types
Serviced rooming house/joint venture
Office of community housing
FACS staff/resident managers
PEP - private
Not known at conversion
Table 2: Properties with program purposes exempt from water usage charges
|Exempt program purposes|
|Affordable housing - FACS managed||Housing stock transfer|
|Affordable housing - OCH managed||LGCHG (general) CWMIS|
|CAP general non-SAAP||LGCHG (main) non-CWMIS|
|CAP women’s non-SAAP||LGCHG (mainstream) CWMIS|
|CAP youth non-SAAP||LGCHG Burdekin youth|
|Commercial properties non-shops/FACS||LGCHG Co-op CWMIS|
|Community housing acquisition - general||Local government initiatives program|
|Community housing acquisition - partnership||Long term head leasing OCH|
|Community housing acquisition - pensioner||Long term leases|
|Community housing acquisition - supported||Neighbourhood facilities|
|Community housing programs||Occasional child care program|
|Community tenancy capital scheme||Portable unit (separate from dwelling)|
|Community tenancy leasehold scheme||RBB/HNSW joint venture private rental|
|Community tenancy mainstream scheme||Redevelopment community mainstream|
|Crisis deed of agreement||Richmond scheme|
|Crisis female capital (women’s housing)||Shared equity partnership scheme|
|Crisis general capital||Shops only|
|Crisis general leasehold||Short term head leasing OCH|
|Crisis general mainstream||Social housing subsidy program initiative|
|Crisis hostels capital||Special purpose capital housing|
|Crisis women’s capital||Special purpose leasehold housing|
|Crisis women’s leasehold||Special purpose mainstream housing|
|Crisis women’s mainstream||Special state program - homeless youth|
|Crisis youth Burdekin||State boarding houses|
|Crisis youth capital||State community capital housing|
|Crisis youth leasehold||State community leasehold housing|
|Crisis youth mainstream||State community mainstream housing|
|Crisis youth social justice Burdekin||Supported disabled initiative (SHIP)|
|FACS offices||Supported mental health initiative|
|Housing for community programs||Unknown at data load|
|Housing partnership community||Vacant land|
|Housing partnership mainstream|
2. Percentage water charge rate
From 2 July 2018, the percentage water charge rate is 4.9% of the net weekly rent payable, capped at the maximum charge of $8.95 per week.
Under the Social Housing Management Transfer program, at the time of management transfer a community housing provider will accept the following conditions:
Shared Water Meter:
- Tenants are charged a percentage water rate (4.9% of the net weekly rent payable – excluding the vacant bedroom charge, capped at $8.95 per week).
- Once the tenant's income changes, the community housing provider may apply their own policy for assessing the tenants new rent and water charges.
Separate Water Meter:
- Tenants pay the actual water usage based on a bill that is received from the water authority every 13 weeks.
- Once the community housing provider receives the first bill they may apply their own policy for assessing the tenant’s water charges.
For specific requirements to tenancies transferring to community housing provider management under the Social Housing Management Transfer program, please refer section 5.6.1 of the Community Housing Rent Policy.
3. Minimum and maximum charges
Some water charges have minimum and maximum limits. These are outlined in Table 1 below.
|Charge type||Minimum charge||Maximum charge|
Percentage water usage
$1 per week.
This means that FACS will waive the water usage charge if it is calculated at less than $1 per week.
Actual water usage
$1 per week.
This means that FACS will waive the water usage charge if it is calculated at less than $1 per week
There is no maximum actual water charge. If a tenant’s water usage is excessive, their water charges will reflect that usage.
4. Water usage allowances
FACS will provide water usage allowances as outlined in Table 1 below:
|Allowance Type||Eligibility Criteria|
The tenant or a household member must be paying an actual water usage charge and be undergoing kidney dialysis at home.
Where the local water authority provides an allowance in such circumstances, FACS will assist the tenant to obtain an allowance from the water authority. FACS will not provide an additional allowance where the water authority is already providing the allowance. This is because the tenant will receive the benefit of the allowance when FACS processes the bill for that property.
If the local water authority does not provide an allowance, FACS will grant an allowance based on a calculation of the cost of 100 kilolitres of water per quarter from the local water authority. An allowance of 100 kilolitres of water per quarter aligns with the allowance offered by Sydney Water for customers undergoing kidney dialysis at home. FACS will then adjust the tenant’s water usage account at the start of each quarter.
If the credit adjustment FACS provides under this allowance is greater than the actual water charge for the billing period, FACS will adjust the tenant’s water account so that there is a ‘nil’ water usage charge for that period.
At the end of each year, FACS will extend the water usage allowance if the tenant provides evidence that the tenant or household member is expected to continue undertaking kidney dialysis at home for a further 12 months.
Percentage water charge tenants are not eligible for the kidney dialysis allowance as the water charge paid by these tenants does not directly relate to their water usage. In setting the percentage rate for the percentage water charge, FACS deducts an allowance for high water use by some tenants due to health or disability issues.
Health and disability
The tenant or a household member must be paying an actual water usage charge and have a health condition or disability that necessitates the use of significantly higher amounts of water than FACS considers normal for a similar sized household.
FACS regards a significant amount of water as a minimum of 25 kilolitres of water above normal household use.
If FACS grants an allowance, it will adjust the tenant’s water usage account on a quarterly basis. FACS will base this adjustment on a calculation of the cost of the kilolitre allowance granted applying the current water usage charges of the local water supplier.
Percentage water charge tenants are not eligible for the heath and disability allowance as the water charge paid by these tenants does not directly relate to their water usage. In setting the percentage rate for the percentage water charge, FACS deducts an allowance for high water use by some tenants due to health or disability issues.
The tenant must be paying an actual water usage charge and have a household of six or more people.
FACS will grant a large household allowance of $10 per quarter.
Percentage water charge tenants are not eligible for the large household allowance as the water charge paid by these tenants does not directly relate to their water usage.
Rent Subsidy Non-Disclosure
1. Receipt of information by FACS
There are many ways FACS can become aware that a tenant may be receiving a rent subsidy to which they are not entitled. The most common ways include:
- The tenant provides information that is inconsistent with information supplied for previous rent subsidy applications
- FACS receives information that is inconsistent with its current records relating to the tenant’s household circumstances
- An acquaintance, relative or work colleague of the tenant advises FACS of changes to the tenant’s household circumstances.
2. Inquiries related to alleged subsidy non-disclosure
FACS may make inquiries about matters related to an alleged failure to disclose a change in household circumstances where:
- There is a lawful reason to do so (for example, where the information is required for a purpose directly related to assessing the tenant’s eligibility for rent subsidy)
- There is a current signed authority (for example, the tenant has signed an application for rent subsidy authorising contact with third parties)
- There is a clause in the tenancy agreement giving consent to FACS to make enquiries with third parties about the tenant’s income and assets
- An exemption has been granted and is documented in the FACS Privacy Code of Practice (for example, protection of the public revenue).
FACS may make inquiries with, for example:
- The tenant’s employer or alleged employer
- The tenant’s neighbours
- Supply authorities, such as gas, electricity, water and telephone providers
- The police or other government agencies
- The appropriate local council
- Any other likely sources of relevant information.
FACS will also review the tenant’s file and any Rent Subsidy Applications submitted by the tenant during the period of the alleged failure to disclose information.
FACS will carefully consider the merits of any information before using it as the basis of a decision regarding a tenant’s alleged failure to disclose changes to their household circumstances. FACS will weigh information according to its reliability, strength, impartiality and importance. FACS will not give weight to evidence or factors that are not relevant or important to the case.
FACS will take into account the following information when deciding whether a tenant’s alleged failure to disclose information about their household circumstances amounts to an unsubstantiated allegation, rent subsidy non-disclosure or possible rent subsidy fraud:
- Whether the tenant has denied the allegations
- Whether the tenant has admitted the allegations in part or in full
- Whether the tenant has a reasonable explanation for failing to disclose information about changes to their household circumstances
- Whether the tenant was aware of their obligation to disclose information about the change to their household circumstances. If the tenant claims they were not aware of this obligation, whether this claim is reasonable
- Whether the tenant signed a rent subsidy application during the relevant period
- Any previous history of the tenant’s failure to disclose information about changes to their household circumstances
- The estimated monetary value (in terms of arrears of new weekly rent)
- Length of time involved
- The number of times FACS has previously interviewed the tenant in relation to current and/or previous allegations
- Whether the tenant has a reasonable ability to obtain the information required to clarify the circumstances
- Whether the tenant has refused or failed to supply information that is reasonably available to them to clarify the circumstances
- Relevant evidence/information provided by the tenant
- Any extenuating circumstances or mitigating factors.
Extenuating or mitigating circumstances may include:
- Diminished capacity of the tenant to understand their obligations, for example, due to disability barriers
- Any duress the tenant may have suffered to falsely declare, or not declare, changes to the household circumstances, for example, threatened or actual domestic/family violence.
FACS will take into account the following evidence when deciding whether a tenant’s alleged failure to disclose information about their household circumstances amounts to an unsubstantiated allegation, rent subsidy non-disclosure or possible rent subsidy fraud:
- Any Rent Subsidy Application which contains information about a tenant’s obligation to disclose any change to their household circumstances signed by the tenant during the period of alleged failure to disclose information
- Any information that FACS has given to the tenant (verbal or written), which outlined the tenant’s obligation to advise FACS of any change to household circumstances
- Oral or written advice from any third party that the tenant has had a change in their household circumstances
- File notes and information held on FACS’ computer systems
- Information about the tenant’s income that differs from previous information supplied for the same period
- Any explanation provided by the tenant or other household member
- Proof of residency of alleged additional occupants, e.g., driver’s licence, correspondence addressed to the tenant’s or other address
- Proof of income for the tenant or alleged additional occupants, e.g., Centrelink income statement discloses income besides the basic benefit/allowance, such as wages
- Evidence of ownership of property or other assets
- Evidence of any extenuating or mitigating circumstances.
Evidence that FACS may consider in determining whether any mitigating or extenuating circumstances apply include:
- File notes and information held on FACS’ computer systems relating to incidents of domestic violence or problems relating to cultural issues
- Police reports
- Support letters from advocates
- Information held about the tenant’s capacity to read, write and understand English
- Documentation of health or intellectual disability issues which may affect a person’s comprehension or decision-making ability.
4. Outcome of assessment
FACS may take a range of actions depending on whether it has determined that the situation is one of unsubstantiated allegation, rent subsidy non-disclosure or possible rent subsidy fraud. The actions are outlined in the table below.
|Outcome of assessment||Action|
FACS will not take any further action, except to remind the tenant of their obligation to disclose any future changes to their household circumstances. However, FACS will keep information regarding the allegation and resolution on the tenant’s file.
Rent subsidy non-disclosure
FACS may take one or more of the following actions:
Any debt accrued by rent subsidy non-disclosure is not written off due to bankruptcy and can be pursued.
Rent subsidy fraud
FACS may take one or more of the following actions:
Any debt accrued by rent subsidy fraud is not written off due to bankruptcy and can be pursued.
1. Evidence requirements when making decisions about managing accounts
FACS will consider the following evidence requirements when making decisions about managing accounts.
Reasonable repayment arrangements
Reasonable repayment arrangement broken
FACS systems records indicating that a tenant has not made a repayment
Inability to meet reasonable repayment requirements
The client will need to provide written advice from:
Obtaining a Specific Performance Order under section 187
FACS systems records indicating a tenant’s payment history, the level of arrears, the existence of repayment arrangements and any breach of those arrangements
Obtaining a Specific Performance Order after the issue of a notice of termination
Issuing a Notice of Termination
Applying for an Order of Termination and Possession
Credit or debit balances on vacated accounts
FACS systems records
Transferring credit balances to other accounts where the tenant is still housed with FACS
Written agreement from the tenant to transfer the balance
Tenant declared bankrupt
Notices to Creditors of Bankruptcy by the Trustee in Bankruptcy