Tenants with Sustainable Incomes over
$94,855.70 per annum
Policy
1 December 2014
Contents
Purpose
Scope
Background
Policy Overview
Terms of Reference
Operational Guideline
Version 2.0 – 1 August 2014
Locked Bag 3000 Belconnen ACT 2616 | phone: 132281 | www.act.gov.au
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Purpose
The Sustainable Incomes Policy is aimed at ensuring that the provision of public
housing assistance remains focused on those people in the Community who have the
most need for assistance.
Scope
The Sustainable Incomes Policy will be applied to existing tenants who meet the
following criteria:
 Income/s of the tenant and their domestic partner exceed $94,855.70
gross per annum, adjusted yearly for CPI, for two or more consecutive
years
 Tenants are paying market rent
 Tenant/s income is sustainable in the longer term
In addition to meeting the above personal criteria other personal circumstances such
as age, disability, carer responsibility including foster or kinship care and serious
health conditions and ability to borrow or rent in the private market will be taken
into consideration.
Housing ACT will establish a Sustainable Incomes Multi Disciplinary Panel consisting
of senior managers from across the ACT Government, Community representative and
a representative from the business sector. The panel will take into account all the
relevant factors of tenants before making a recommendation to the delegate.
Tenants will be provided with written advice that their housing assistance is being
reviewed by the Panel and will be invited to provide any additional information
regarding their circumstances for the Panels consideration.
Authorisation
This policy is authorised under section 25 (1) & (2a) of the Housing Assistance
Act 2007.
Background
The Sustainable Incomes Policy builds on changes to the Housing Assistance Act that
was announced publicly in 2007. One of these reforms specifically related to tenants
and their domestic partners who have a sustainable combined gross income
exceeding $94,855.70 gross per annum, adjusted yearly for CPI.
In response to these changes Housing ACT has been monitoring the incomes of
tenants who pay market rent with the 2007-08 financial years the first year that this
information was collected.
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The policy aims to ensure that the housing system remains as flexible as possible and
that housing assistance is focused and targeted to those people in the community
who are most in need.
Tenants with a combined income exceeding $94,855.70 gross per annum, adjusted
yearly for CPI, over two or more consecutive years will be encouraged to purchase
their current home or another dwelling in the private market or consider private
rental accommodation.
Policy Overview
Housing ACT will monitor the incomes of tenants and their domestic partners who
pay market rent. The incomes of children, (including adult children) will not be taken
into account nor will exempt incomes such as Carer Allowance and Family Tax Benefit
Part B.
Tenants who pay market rent and do not provide Housing ACT with their incomes
details will be issued a 26 week no cause notice of eviction. If tenants provide their
income details within the 26 week period the no cause notice will be withdrawn.
Where a tenant and / or their domestic partner has an income in excess of
$94,855.70 gross per annum, adjusted yearly for CPI, for two or more consecutive
years Housing ACT will carry out an assessment of the tenants continuing need for
housing assistance.
An assessment will be undertaken by the Sustainable Incomes Multi Disciplinary
Panel consisting of senior officers from across ACT Government and independent
Community and Business representatives. The terms of reference for the Sustainable
Incomes Multi Disciplinary Panel are at Attachment A of this policy.
Tenants will receive written advice that their housing assistance is being reviewed
and provided 14 days to submit additional information to the Panel for consideration.
Circumstances including age, disability, financial status, assets and liabilities, carer
responsibility and serious health conditions will be taken into consideration by the
panel.
Where tenants’ incomes are considered sustainable in the long term and there are no
other circumstances that warrant the continuation of housing assistance, tenants will
be transitioned to a range of alternatives including:
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Purchase of their current property (where available) under the Sale to Tenant
or Shared Equity programs;
Purchase of another Housing ACT property under the Targeted Shared Equity
program;
Purchase a property from the private market; and
Private rental.
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Where tenants present with circumstances that do warrant continuing housing
assistance the Panel will recommend either continued monitoring of the tenants
income or no further monitoring is required.
Where tenants disagree with the decision of the Panel, a review by the Housing
Assistance and Tenancy Review Panel (HATRP) will be available.
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ATTACHMENT A
Terms of Reference
Sustainable Income Multi Disciplinary Panel
Purpose
The Sustainable Income Multi Disciplinary Panel (the Panel) is a group that has been
established to determine whether tenants and their domestic partner (if applicable)
who are currently residing in Public Housing have sustainable incomes that would
enable them to secure their own private tenure.
Functions
The functions of the panel are:
a) To examine tenants’ personal circumstances against a broad set of criteria to
determine if their income is sustainable so that they can secure their own
private tenure; and
b) To make a recommendation to the delegate who will make a decision as to
whether to issue a termination notice to the tenant.
Membership
Chair of the Panel
The chair of the Panel is the Senior Manager, Housing Initiatives.
In the absence of the Panel chair, should appoint an alternative delegate to chair the
meeting. If the chair has not delegated the chair duty, an Executive from Housing
and Community Services will appoint a replacement. The replacement may be any
Senior Manager from Housing and Community Services.
Members
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Senior Manager Housing Initiatives (chair);
Management Representatives (ie Executives and Senior Officers from the
Community Services Directorate, including Aboriginal and Torres Strait
Islander persons);
A representative from the Treasury Directorate;
A Community Representative (ie an officer nominated by the Executive of a
Regional Community Services); and
A business representative from the Housing and Community Services real
estate agents, valuers, solicitors or asset consultants.
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Observers
The panel chair may invite observers to view the process of the panel.
Frequency of meetings
The Panel will meet on an as needed basis, however, it is expected that it will be
required to meet approximately 20 times per annum, in the second half of the
calendar year.
The Panel secretariat is responsible for maintaining a calendar and informing
members of meetings.
Reporting
The Panel reports to the Housing and Community Services Executive through the
chair. The Panel will provide a quarterly summary of progress to the Director General
of the Community Services Directorate.
Documentation
The secretariat will distribute to members 3 business days prior to the scheduled
meeting, a summary of the financial and personal circumstances of each tenant to be
reviewed at the meeting.
Functions of the Panel
The Panel is to undertake the following activities:
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Prior to the Panel meeting, members are to review each case and consider
whether they believe the tenants’ income is sustainable;
Members will review up to 15 cases at each meeting;
Members will then discuss each case and endeavour to make a joint
recommendation to the delegate regarding whether the tenants income is
sustainable; and
Members will consider the cost to rent privately, purchase privately and
purchase through the Sale to Tenant and Shared Equity scheme. Further
consideration may be given to age, disability, assets and liabilities of the
clients.
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Quorum
A quorum shall consist of the chair and at least two others, although it is preferable
for 3 other members. One of the members should be external to the ACT
Government. At least one member must be external to Housing and Community
Services.
Reviewing the Terms of Reference
The committee will review the Terms of Reference.
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Operational Guideline
Sustainable Income Multi Disciplinary Panel
Purpose
To provide guidance to the sustainable income multi disciplinary panel members on
the application of what constitutes a sustainable income.
This guideline is written in accordance with the Housing Assistance Act 2007, clause
Section 25 of the Housing Assistance Act which empowers the Housing Commissioner
to require an existing public housing tenant to provide specified information that the
commissioner reasonably needs for a range of purposes. These include the review of
housing assistance being provided to the tenant.
25 Housing assistance recipients—requirement for
Information
(1) This section applies if an entity is receiving housing assistance.
(2) The housing commissioner may, at any time, require the entity to
give the commissioner stated information that the commissioner
reasonably needs—
(a) to review the housing assistance being provided to the entity;
What is a sustainable income:
The Sustainable Incomes Policy is applied to existing tenants who meet the following
criteria:
 Income/s of the tenant and their domestic partner exceed $94,855.70
gross per annum for two or more consecutive years
 Tenants are paying market rent
 Tenant/s income is sustainable in the longer term
In addition to meeting the above personal criteria other personal circumstances such
as age, disability, carer responsibility including foster or kinship care and serious
health conditions and ability to borrow or rent in the private market will be taken
into consideration.
The panel will consider all relevant factors that Housing ACT including information
provided by tenants as to their personal circumstances.
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Considerations
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Age
Where a tenant and their domestic partner are of an age where they are
about to retire and have limited or no superannuation entitlements and will
be dependant on the aged pension.
Where a tenant and their domestic partner are of an age where they will not
be able to secure a bank loan to purchase a property.
Where a tenant and their domestic partner are of an age where other factors
such as medical factors are forcing early retirement and there is no real
superannuation entitlements and will be dependant on the aged pension.
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Carer Responsibility
Where a tenant and their domestic partner have care responsibilities either
kinship, foster or other care requirements and this impacts on their ability to
secure either a loan to purchase a dwelling or rent in the private market.
Where a tenant and their domestic partner have care responsibilities either
kinship, foster or other care requirements and this impacts on the cost of
purchase or private rental due to the size of the property required.
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Financial
Where a tenant and their domestic partner has incomes that are not
sustainable in the longer term due to the end of a contract, loss of
employment or unstable employment.
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Disability
Where a tenant and their domestic partner has a disability that requires
expensive medical treatments.
Where a tenant and their domestic partner has a disability that requires
disabled modifications that are not available in the private market or
unaffordable.
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Aboriginal and Torres Strait Islander
Where a tenant and their domestic partner or children are of Aboriginal or
Torres Strait Islander decent.
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Health Conditions
Where a tenant and their domestic partner are experiencing severe or chronic
health conditions that may impact on income levels or the ability to work.
Also where a tenant’s condition is terminal or requires a high level of medical
expense to maintain.
The above scenarios are examples, are not exhaustive and are not intended to
limit the range of circumstances that might potentially be considered in the
review of housing assistance.
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