FHOG- serving in Iraq makes sailor ineligible

geoffw

geoffw

http://seven.com.au/todaytonight/story/sailorhomebuyer
When an Aussie sailor returned from Iraq he was slapped with a $21,000 bill from the government for not living in his newly purchased Darwin home.

Shane Saunders is a Leading Seaman in the Navy who believes he’s being punished for doing his duty.
Shane bought his first home using the government’s First Home Buyer’s Grant and that was the start of his battle with bureaucracy.
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Not mentioned online- the $7K fine has been waived, but he still has to pat $14K FHOG- but still has to pay back $14K- because the law does not grant discretionary exemption
 
What wasn't discussed on the program (suprising given Today Tonights history of providing unbiased, non-sensationalist, well researched programs - cough cough)...

Exactly what was the timing of purchase, settlement and going off to war?

Exactly when did he return?

Exactly when was he transferred to Perth?

Did he have a choice about the transfer, was it requested by him?

If it was all out of his control, then he should be allowed to keep it. But if any of those questions reveals it was a choice, then no, pay it back.


Of course, I loved the use of highly emotive "serving the country, willing to die etc etc".....then a short comment something about him being a morale person (ie not seeing any action anyway)??? Didn't catch it properly, but raised suspicions about how beat up the story is.....


Ah...journalistic integrity.....what's that again ?
 
Not quite sure of time of purchase, and going off.

If he DID have any chance to live in it before he was posted OS, I gather it was a very short time.

And the RAN posted him to Perth- not his call.
If it was all out of his control, then he should be allowed to keep it. But if any of those questions reveals it was a choice, then no, pay it back.
Click to expand...
One of the official replies quoted in the story implied that he was morally entitled to the grant- but that the law gave no room for discretion (waiving the $7,000 fine was the only concession they could give),
 
geoffw said:
Not quite sure of time of purchase, and going off.

If he DID have any chance to live in it before he was posted OS, I gather it was a very short time.

And the RAN posted him to Perth- not his call.
Click to expand...

Thats the question. Defence troops most often get a choice about staying, although there's limitations on it. Did he have a choice, did he request it, or was it mandatory?

Often defence staff can decline a relocation.
 
Even if he chose to voluntarily be posted o/s (in a war zone).....was he aware of this aspect of the laws?

Sure ignorance isn't an excuse....but perhaps the communication needs to be better

Alternatively, he could claim to be the legally appointed President of Iraq & have immunity....

Cheers,

Aceyducey
 
Howzabout he fly up there for the weekend, move in 2 chairs and a bed, some clothes in the wardrobe, few tins of beans in the pantry, direct all official mail there and then apply for a temporary redirection notice to WA for mail, and what else do you have to do to call it your PPOR while you're on a posting elsewhere ?? :p
That's assuming all the rest of the guy's timing of applications and advance knowledge of his forward movements was legit. Anyone know ?
crest133
 
i remember rolf said in an old post that if you got the grant and didn't live in the property within the 12 months, all you had to do was pay back the grant. i was under the impression it was perfectly legitimate to do this? maybe rolf could add something here?

i just found the post:
Hiya

Small but relevant issue, the Office of State Revenue in each state administers the FHOG. Fortunately the ATO has nothing to do with it otherwise it would take months to get it.

Perfectly legit to claim the FHOG on the basis that you will occupy within 12 months. If you dont occupy within 12 months then pay the funds back - hopefully the IP will have grown to where you can now borrow against the equity and reapy it out of borrowings.

Ta

rolf
Click to expand...
 
sbe said:
Thats the question. Defence troops most often get a choice about staying, although there's limitations on it. Did he have a choice, did he request it, or was it mandatory?

Often defence staff can decline a relocation.
Click to expand...

I never had any choices about my postings when I was in the Army - nor did others. They deliberately don't encourage choice as it makes it hard for them to manage.

In fact the term they coined was "Offering restricted service" and if it wasn't a short term thing - like a child in year 12, then it was grounds to terminate your service.

Cheers,
 
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