Division 2: Housing, removals and storage

This Division sets out what happens to a member's housing, removals and storage benefits during a period of imprisonment, detention or custody.

1. During a period of imprisonment, detention or custody a member is required to pay the market rent rate for the Service residence or rent band choice property for the following period.

   1. Commencing on the first full day of the member’s imprisonment, detention or custody.
   2. Ceasing on the earlier of the following.
      
      1. The last full day the member is in prison, detention or custody.
      2. The day the member vacates the property.

   _{Note: If the member is not in receipt of salary during this period, the payments will be considered a debt to the Commonwealth.}

2. Subject to subsection 4, if the member is in financial hardship the CDF may reduce the market rent rate payable under subsection 1.
3. If the member's eligibility for a Service residence or a rent band choice property is ceased by the CDF under section 1.7.4, the member is eligible for a removal under Chapter 6 Part 5 within 28 days to a location within Australia.
4. If the member or the member's resident family or recognised other persons do not vacate the residence within the 28 day period under subsection 3, all of the following apply.
   
   1. The member's contribution is the equivalent of market rent rate for the residence until the residence is vacated.
   2. The member is not eligible for any of the following.
      
      1. A removal under Chapter 6 Part 5.
      2. A reduction in the market rent rate under subsection 2.

5. If the member chooses to vacate a Service residence or rent band choice property and their eligibility for the accommodation has not ceased, the member is not eligible for a removal under Chapter 6 Part 5.
6. The member is not eligible for housing assistance for their resident family if any of the following applies.
   
   1. The member's eligibility for a Service residence or rent band choice property is ceased by the CDF under section 1.7.4.
   2. The member chooses to vacate a Service residence or rent band choice property.

7. If a member is required to vacate their Service residence or rent band choice property and the member is unable to remove their property due to their imprisonment, detention or custody, the member's property may be removed and stored under Chapter 6 Part 5 until the member's release or an agent appointed by the member takes possession of the property.

   _{Note 1: The member may be responsible for the cost of storage under section 1.7.19.}

   _{Note 2: If the member appoints an agent to take possession of their property, this appointment must be in writing.}

8. If a member's possessions have been removed to another location or to storage, the member is not eligible for a removal under Chapter 6 Part 5 on their release from imprisonment, detention or custody unless they are posted to a new service location.

1. A member ceases to be eligible for rent allowance on the first full day of the member's imprisonment, detention or custody.
2. If the member chooses to vacate the rent allowance property during a period of imprisonment, detention or custody, Chapter 6 does not apply.

1. A member ceases to be permitted to occupy living-in accommodation if the CDF revokes the member's licence to live in.

2. When making a decision under subsection 1, the CDF must take the following into consideration.

   1. The duration of the member's imprisonment, detention or custody.
   2. The pattern of the member's imprisonment, detention or custody.
   3. The type of living-in accommodation.
   4. Whether the accommodation is needed for a member who is required to live in.

   ^{Note: If the member's licence to live in is revoked under subsection 1, the member may be eligible for housing assistance upon release from imprisonment, detention or custody.} 

3. If the member's property remains in the living-in accommodation, the member is eligible for one of the following.
   
   1. Storage of the member's property in the living-in accommodation.
   2. Removal and storage of the member's property under Chapter 6 Part 5.
      
      ^{Note: The member may be responsible for the cost of storage under section 1.7.19.}

1. If a member's possessions have been removed and stored under Chapter 6 Part 5, section 1.7.16 or section 1.7.18, the CDF may recover the cost of the storage from the member.
2. When making a decision under subsection 1 the CDF must take the following into consideration.
   
   1. The amount of property put into storage.
   2. Any special storage requirements that resulted in an increased cost to the Commonwealth.

3. The number and type of vehicles that required storage.

If the member is on a continuous period of imprisonment, detention or custody — the member is not required to make a contribution for meals under Chapter 7 Part 9 Division 1.

A member ceases to be eligible for food allowance under Chapter 7 Part 9 Division 2 during a period of imprisonment, detention or custody.