Australian Capital Territory
Housing Assistance Rental Bonds Housing Assistance Program (Working out weekly income) Operation Guideline 2012 (No 1)
Notifiable Instrument NI2012- 263
made under the  
Housing Assistance Act 2007 s21(1) Approved housing assistance programs—housing operation guidelines

1	Name of instrument
This instrument is the Housing Assistance Rental Bonds Housing Assistance Program (Working out weekly income) Operation Guideline 2012 (No 1).

2	Commencement 
This instrument commences on the day after  notification.

3	Revocation
	I REVOKE housing operation guideline N12008 – 186 notified on 
22 May 2008

4	Operation Guideline
In accordance with section 21(1) of the Housing Assistance Act 2007 
I issue this housing operation guideline for the Housing Assistance Rental Bonds Housing Assistance Program 2010 ("the Program").

Purpose

To provide guidance in determining an applicant's weekly income for the purposes of the program and to permit the housing commissioner to respond equitably to the individual circumstances of the applicant.

Relevant provision of the Program

Clause 12 – Working out weekly income

1.	Clause 12 specifies:

(1)	For this program, the weekly income of an applicant is the greater of―

(a)		the person's gross income for the week immediately 	before the application date; and

(b)	the average gross weekly income of the person―
(i)	in the 26-week period immediately before the application date; or

(ii)	another period decided by the housing commissioner as appropriate in the circumstances of the application.

(2)	However, the housing commissioner may disregard the total amount determined for either subclause (1)(a) or (b) if the housing commissioner considers it is appropriate in the circumstances of the application.

Working out the appropriate weekly income

2.	The usual practice is to base a person's income eligibility on their gross current income or their average weekly income over 26 weeks, whichever is the greater.  However, if the person has particular circumstances which would make this arrangement unfair, this provision provides flexibility to disregard current or average income, as appropriate.

3.	Examples where this might be appropriate include:

•	where a person has just retired from the workforce and is now receiving a Centrelink age pension, the housing commissioner could decide that, as the age pension was now the applicant's ongoing income, it should be used for the purpose of assessment even though it was less than the person's average weekly income over the previous 26 weeks; and

•	where a wage earner has been receiving ongoing overtime over the previous 26 weeks and a letter from the person's employer confirmed that overtime would no longer be available, the ongoing income (without the overtime) could be used.

4.	Subclause 12(2) specifies that "the housing commissioner may disregard the total amount determined for either subclause 1(a) or 1(b)."  It should not be taken to mean that individual components of either amount may be disregarded.

General provisions

Further information

5.	If the applicant provides additional information which may further establish their need to be considered as an eligible applicant, the application can be reassessed. 

False or misleading information

6.	Under the Program an applicant is not eligible for assistance if the application is false or misleading in any material way or if an applicant has arranged his or her financial affairs to obtain assistance under the Program.

Review

7.	A decision in relation to:

(a)	an application for rental bond assistance; or 

(b)	revoking or amending a decision mentioned in paragraph (a)

is a  reviewable decision in terms of clause 15 of the Program.

8.	Any reference to "Housing ACT" in an operation guideline is a reference to Housing ACT being a section of the Community Services Directorate representing the housing commissioner.

Dated this 16th day of May 2012

Natalie Howson
Commissioner for Social Housing