Tenancy Charges and Account Management Policy Supplement
Last published 01 Jul 2024
This document provides additional information to support the following policies of the Department of Communities and Justice (DCJ):
- 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
Index
Tenancy Charges
Charging rent
- Current income eligibility for a rent subsidy
- Rent assessment rules
- Assessable and non-assessable income and assets
- Legitimate business expenses - Deductible and non-deductible
- 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 DCJ
- Inquiries related to alleged subsidy non-disclosure
- Assessment criteria and evidence for determining subsidy non-disclosure
- Outcome of assessment
Account management
Tenancy charges
Charging rent
DCJ 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 DCJ uses to determine if a tenant is eligible for a rent subsidy and, if so, how much rent they will pay. DCJ 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.
DCJ determines income limits by using different combinations of the four key household member types listed in the table below. DCJ updates these income limits every year.
Definitions:
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.
Table 1: Household member types and weekly income allowance from 1 July 2024: | |||
---|---|---|---|
Household member | Weekly income allowance | ||
Moderate income limit (or threshold) | 30% limit (or threshold) | Subsidy eligibility limit (or threshold) | |
First Adult | $990 | $1,238 | $1,840 |
Each Additional adult | $260 | $325 | $490 |
First child | $195 | $244 | $370 |
Each additional child | $135 | $169 | $245 |
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.
CRA is not taken into consideration when determining the subsidy eligibility threshold.
2. Rent assessment rules
Table 1: Rent assessment rules | |
---|---|
Condition | Rule |
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 | 18 years. Exception: Where a tenant and/or their partner is under the age of 18. In these cases, they are treated as adults and DCJ includes their income as part of the gross assessable household income. |
Application of concessional rates | DCJ 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) | AHO tenants and their household members may be eligible for CRA. DCJ will impute the CRA amount to which the person is entitled. DCJ will assess 100% of the imputed CRA amount toward the rent subsidy assessment. 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 DCJ that their CRA payments paid by Centrelink are different to those imputed by DCJ then DCJ will undertake a review and if applicable may make an adjustment to the rent payable. |
Rounding | DCJ rounds all subsidised rents to the nearest five cents. |
3. Assessable and non-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. Refer to the Assessable and non-assessable income and assets page for more information.
4. Legitimate business expenses - Deductible and non-deductible business expenses
The deductible expenses must be essential to the primary purpose or type of the business.
For details of business expenses for which deduction from the gross income of a self-employed person may be made, please refer to the Legitimate business expenses - Deductible and non-deductible page.
Note: that some expenses may not be treated by the Australian Taxation Office in the same manner.
Proof of income and assets
When applying for a rent subsidy, a tenant must provide documents to prove all income received and all assets for all members of their household aged 18 years and over. Proof of income documents must be original.
Examples of acceptable documents to demonstrate proof of income are shown in the table below. DCJ may request further documentation or evidence to support the proof of income requirements.
Table 1: Proof of income and assets | |
---|---|
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: Acceptable 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. |
Overseas pensions |
Note: DCJ will assess amounts in Australian dollars at the foreign exchange rate provided by Commonwealth Bank at the date of assessment. |
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 |
|
Self-employment |
|
Special purpose payments |
|
Wages/salary/superannuation/self-managed superannuation fund, Compensation, 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 tenant agrees to participate in the ICS, DCJ 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 DCJ with their updated income details from Centrelink. Therefore, if a member of a public housing tenancy participates in the ICS, they must inform DCJ 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 DCJ will then request this electronically using 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 DCJ proof of this income separately if DCJ is not able to obtain that information from Centrelink in an acceptable form.
Notwithstanding that DCJ obtains a client’s income information through the Centrelink ICS, DCJ may request additional evidence from the tenant to verify the household income.
5. Eligibility for $5 minimum rent
In some situations, DCJ 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.
A $5 minimum rent is not applied:
- to the Estate of a deceased tenant who was the sole occupant of the property
- where the tenant or a household member is on holiday, overseas, or away from their property for an acceptable absence.
The tenant must provide documentation to substantiate all claims for the minimum rent charge.
Table 1: $5 minimum rent criteria | ||
---|---|---|
Situation | CODE | Details |
Natural Disaster - Bushfires and Floods | NATDISFLD NATDISFIRE | Tenants or household members who have lost their employment due to a natural disaster (bushfire or flood) are eligible for a $5 minimum rent for their portion of the rent. This reduced rent period will apply until Centrelink payments commence or further employment is obtained. |
A client has been housed with DCJ through the DCJ Street to Home program | HOST | This reduction in rent will apply for a temporary period and the tenant will be advised when it no longer applies |
No Centrelink income as spouse or partner earns too much. | NILPRTLM | 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, DCJ will review the $5 rent assessment. |
Sponsorship, two-year or five year waiting period or holding a temporary visa while waiting for a DIMIA decision on immigration status. | NILBRI NILMIG | 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 Payments are assessable income for rent assessment purposes. Every six months, DCJ will review the $5 rent assessment. |
Youth Allowance / ABSTUDY and the Family / Parental means test | NILMNTST | 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, DCJ will review the $5 rent assessment. After review, DCJ will either extend or cancel the $5 minimum rent. |
Nursing home, rehabilitation, respite care or a refuge (or other safe place) | NILNUR NILREF NILREH NILRES | 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 in a 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, DCJ will review the $5 rent assessment. After review, DCJ will either extend or cancel the $5 minimum rent. |
Prison | NILGAOLC NILGAOLR | Every tenant or household member, who is approved for an absence while in prison is eligible for $5 minimum rent for their potion of the rent. DCJ can ask the tenant to relinquish the tenancy if reasonably satisfied the imprisonment will be in excess of six months. Where there are other household members, DCJ will review the circumstances of the household and consider whether another household member is able to be considered for recognition as a tenant. If the imprisonment is expected to be between six and twelve months, DCJ will consider the household’s housing needs to identify additional housing options. |
6. 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 DCJ for the Start Work Bonus by completing a rent subsidy application form 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 and 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 Jobseeker Payment (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 Jobseeker Payment (or other statutory benefit) appropriate for their age and household composition.
- the tenant or household member is not paying a concessional rent e.g. $5 minimum rent or a temporary reduced rent
- the total grace period entitlement is not exceeded.
DCJ 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.
7. Eligibility for temporary reduced rent payable
In some situations, DCJ 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
Table 1: Reduced rent payable criteria | ||
---|---|---|
Situation | Code | Reason |
NCAT Order (not related to Market Rent Review) | CNMR | Where the NSW Civil and Administrative Tribunal (NCAT) has ordered that the rent payable be amended for a period of time. This 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 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 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 rent for 26 weeks. |
Storm Damage | STOR | Where a property has been storm 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. |
Water usage charges
1. Tenancies and properties which are exempt from water usage charges
Some tenants are exempt from water usage charging 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.
Table 1: Tenancy types exempt from water usage charges | |
---|---|
Exempt tenancy types | |
Community lease | Serviced rooming house/joint venture |
Commercial lease | Shared equity |
Office of community housing | DCJ staff/resident managers |
PEP - private | Not known at conversion |
Protected tenancy |
Table 2: Properties with program purposes exempt from water usage charges
Exempt program purposes | |
---|---|
Affordable housing - HNSW 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/HNSW | 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) |
DCJ 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 1 July 2024, the percentage water charge rate is 5.3% of the rent payable, capped at the maximum charge of $11.00 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 (5.3% of the net weekly rent payable – excluding the vacant bedroom charge, capped at $11.00 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 (https://www.facs.nsw.gov.au/housing/community-housing-policies/rent).
3. Minimum and maximum charges
Some water charges have minimum and maximum limits. These are outlined in Table 1 below.
Table 1: Minimum and maximum water usage charges | ||
---|---|---|
Charge type | Minimum charge | Maximum charge |
Percentage water usage | $1 per week. This means that DCJ will waive the water usage charge if it is calculated at less than $1 per week. | $11.00 |
Actual water usage | $1 per week. This means that DCJ 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
DCJ will provide water usage allowances as outlined in Table 1 below:
Table 1: Allowances | |
---|---|
Allowance Type | Eligibility Criteria |
Kidney dialysis | 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, DCJ will assist the tenant to obtain an allowance from the water authority. DCJ will not provide an additional allowance where the water provider is already providing the allowance. This is because the tenant will receive the benefit of the allowance when DCJ processes the bill for that property. If the local water authority does not provide an allowance, DCJ will grant an allowance based on a calculation of the cost of 100 kilolitres of water 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. DCJ will then adjust the tenant’s water usage account at the start of each quarter. If the credit adjustment DCJ provides under this allowance is greater than the actual water charge for the billing period, DCJ 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, DCJ 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, DCJ 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 DCJ considers normal for a similar sized household. DCJ regards a significant amount of water as a minimum of 25 kilolitres of water above normal household use. If DCJ grants an allowance, it will adjust the tenant’s water usage account on a quarterly basis. DCJ 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 health 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, DCJ deducts an allowance for high water use by some tenants due to health or disability issues. |
Large household | The tenant must be paying an actual water usage charge and have a household of six or more people. DCJ 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 DCJ
There are many ways DCJ 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
- DCJ 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 DCJ of changes to the tenant’s household circumstances.
2. Inquiries related to alleged subsidy non-disclosure
DCJ 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 DCJ to make enquiries with third parties about the tenant’s income and assets
- an exemption has been granted and is documented in the DCJ Privacy Code of Practice (for example, protection of the public revenue).
DCJ 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.
DCJ 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.
3. Assessment criteria and evidence for determining subsidy non-disclosure
DCJ 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. DCJ will weigh information according to its reliability, strength, impartiality and importance. DCJ will not give weight to evidence or factors that are not relevant or important to the case.
DCJ 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 form 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 DCJ 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.
DCJ 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 form(s) 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 DCJ has given to the tenant (verbal or written), which outlined the tenant’s obligation to advise DCJ 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 DCJ’s computer system
- 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 license, 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 DCJ may consider in determining whether any mitigating or extenuating circumstances apply includes:
- file notes and information held on DCJ’s computer system 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
DCJ 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.
Table 1: Outcome and actions | |
---|---|
Outcome of assessment | Action |
Unsubstantiated allegation | DCJ will not take any further action, except to remind the tenant of their obligation to disclose any future changes to their household circumstances. However, DCJ will keep information regarding the allegation and resolution on the tenant’s file. |
Rent subsidy non-disclosure | DCJ 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 | DCJ 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. |
Account management
1. Evidence requirements when making decisions about managing accounts
DCJ will consider the following evidence requirements when making decisions about managing accounts.
Situation | Evidence Requirements |
---|---|
Reasonable repayment arrangements |
|
Reasonable repayment arrangement broken | DCJ computer 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 | DCJ computer 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 | DCJ computer records |
Transferring credit balances to other accounts where the tenant is still housed with DCJ | Written agreement from the tenant to transfer the balance |
Tenant declared bankrupt | Notices to Creditors of Bankruptcy by the Trustee in Bankruptcy |