Defence Determination 2016/30, Housing, meals, Reserve Assistance Program and technical adjustments – amendment I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903. Dated 24 August 2016 L A ARNOLD Acting Assistant Secretary People Policy and Employment Conditions Defence People Group 1 Citation 1. This Determination is Defence Determination 2016/30, Housing, meals, Reserve Assistance Program and technical adjustments – amendment. 2. This Determination may also be cited as Defence Determination 2016/30. 2 Commencement This Determination commences on 25 August 2016. 3 Authority This instrument is made under section 58B of the Defence Act 1903. 4 Amendment Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination. 5 Section 2.0.2 (Contents), list after item Part 1, insert Part 1A Flexible service determination 6 Subparagraph 3.5.62.1.b.iii (Completion bonus) omit subsection 5.3.61.2 insert subsection 3.5.61.3 7 Subsection 5.5.15.2 (Prior service), non-example omit June 2004 insert June 2014 8 Section 7.1.14 (Definitions), table item for rent ceiling omit weekly insert fortnightly 9 Subsection 7.4.48.2 (Food allowance for seagoing member in temporary accommodation ashore), table substitute Item If the member is… the fortnightly rate is ($)… 1. provided with lunch at Commonwealth expense 126.00. 2. any other member 172.00. 10 Section 7.4.49 (Laundry allowance for seagoing member in temporary accommodation ashore) omit $7.00 a week insert $14.00 a fortnight 11 Subsection 7.7.13.1 (Rent ceilings), table heading omit weekly insert fortnightly 12 Paragraph 7.7.14.3.b (Contributions for accommodation) omit , multiplied by two 13 Subsection 7.7.14.3 (Contributions for accommodation), example substitute Example: A corporal applies to live alone in member's choice accommodation. He is eligible for rent allowance. The accommodation costs $400 per fortnight. This is $100 above his rank group's fortnightly rent ceiling of $300. The corporal must pay the extra $100 each fortnight as well as the fortnightly contribution for his rank group of $150. Each fortnight he must make a $250 contribution towards his accommodation. 14 Subsection 7.8.15.3 (Increased rent ceiling – effect on rent allowance) substitute 3. A higher rent ceiling may have been approved for a member than the one published in Annex 7.E. There may also be increases in the rent ceiling determined for the member's posting location. These three examples illustrate how the member's rent allowance might need to be reassessed if this happens. Example 1: A member finds a rental home for $500 a fortnight. The rent ceiling for the home is $460. A ceiling increase to $500 is approved under section 7.8.12. The following year, the rent ceiling for the location is redetermined at $520. There is no change to the member's rent allowance, because they are still renting at $500 a fortnight. Example 2: A member finds a rental home for $500 a fortnight. The rent ceiling for the home is $460. A ceiling increase to $500 is approved under section 7.8.12. The following year, the general rent ceiling for the location is redetermined at $490. There is no change to the member's rent allowance, because their individual rent ceiling is still approved at $500 a fortnight. Example 3: A member finds a rental home for $500 a fortnight. The rent ceiling for the home is $460. A ceiling increase is not approved under section 7.8.12. The member pays the $40 difference out of their own pocket. The following year, the rent ceiling for the location is redetermined at $500. The member no longer needs to pay the extra $40 contribution as their contribution is calculated within the ceiling. See: Section 7.8.12, CDF may increase rent ceiling 15 Paragraph 7.8.19.1.a (Working out rent allowance) omit weekly insert fortnightly 16 Subsection 7.8.19.2 (Working out rent allowance), formula omit twice 17 Subsection 7.8.19.3 (Working out rent allowance), example tables 1 and 2 substitute Example table 1: Rent allowance for a member with dependants using a three-bedroom ceiling Item If the member is... then the least of these amounts... less their contribution of... less this amount... 1. living with dependants only a. the actual rent. the amount that applies for their rank group in Annex 7.D Part 1, table column 4 nil. b. the rent ceiling that applies to them. See: Annex 7.E Part 1.1 2. subletting part of the property to a person who is not their dependant a. the actual rent. the amount that applies for their rank group in Annex 7.D Part 1 column 4 the fortnightly amount of sub-lease rent. b. the rent ceiling that applies to them. See: Annex 7.E Part 1.1 Example table 2: Rent allowance for a member with dependants (unaccompanied) and member without dependants Item If the member... then the least of these amounts... less their contribution of... 1. lives alone a. the actual rent. the amount that applies for their rank group in Annex 7.D Part 2 column 2. b. the rent ceiling that applies to them. See: Annex 7.E Part 2 2. is sharing with one other person a. the actual rent divided by two. the amount that applies for their rank group in Annex 7.D Part 2 column 3. b. the rent ceiling that applies to them. See: Annex 7.E Part 3 3. is sharing with a. the actual rent divided by three. the amount that applies for their rank group in Annex 7.D Part 2 column 4. two other persons b. the rent ceiling that applies to them. See: Annex 7.E Part 4 4. lives in a boarding house a. the actual rent. the amount that applies for their rank group in Annex 7.D Part 2 column 4. b. the rent ceiling that applies to them. See: Annex 7.E Part 4 18 Subsection 7.8.20.2 (Shared home) substitute 2. The fortnightly rate of rent allowance is worked out using the following formula. (the fortnightly rate of rent ÷ the number of residents) – contribution 19 Subsection 7.8.20.3 (Shared home), example substitute Example: A member shares a house with two other members. They pay $660 rent in total and $70 each contribution a fortnight. The member's rent allowance is $150 a fortnight (that is, (660 ÷ 3) – 70). The member's itinerant adult cousin visits and stays for four weeks. The member's rent allowance is $95 a fortnight (that is, (660 ÷ 4) – 70). 20 Subsection 7.8.23.2 (Home is sublet), formula substitute the rent – (contribution + the fortnightly rate of sublease rent) 21 Subsection 7.8.43.2 (Advance to assist member with rent) substitute 2. If an advance is approved, the member may choose the amount of the advance from this list. a. Twice their fortnightly rent ceiling. b. One month's rent in advance, if the lease allows rent to be paid by the month. This is worked out on the basis of the member's fortnightly rent ceiling. That is, fortnightly rent ceiling multiplied by 26 and divided by 12. c. Any lower figure the member nominates. See: Section 7.8.46, Method of repayment 22 Section 7.9.17 (Transitional food allowance for member posted to seagoing submarine), table substitute Item If the member is… the fortnightly rate is ($)… 1. provided with lunch at Commonwealth expense 126.00. 2. any other member 172.00. 23 Section 8.10.1 (overview), notes substitute Note: The Reserve Assistance Program provides access to mental health support services to members of the Reserves and their families to discuss work or personal issues. It is a confidential service. 24 Section 8.10.6 (End of scheme) omit 25 Paragraph 12.3.2.1.c (Accompanied member) substitute c. The spouse or partner is not away from the posting location for a continuous period of more than four weeks. Exception: Paragraph c does not apply if accompanying the member on recreation leave that the member accrued at the posting location. 26 Accompanied member – transitional arrangements 1. This section applies to a member who performed duty overseas during all or part of the period 1 July 2016 to the date of effect of this Determination. 2. The member is entitled to benefits as if section 25 of this Determination had applied from 1 July 2016. Note: A member who was entitled to benefits in respect of the period 1 July 2016 to the day before this Determination takes effect stays entitled to all benefits that lawfully applied in respect of that period. NOTE 1. Defence Determination 2016/19, as amended to date. For previous amendments see Note to Defence Determination 2016/23 and amendments made by Defence Determinations 2016/23, 24, 25, 26, 27, 28 and 29.