Actually, in RG 209 ASIC specifically give an example of an older borrower being capable of servicing now, losing that income in the foreseeable future and intending to downsize at a later date as the exit plan. Not unsuitable, sayeth ASIC
TF
It seems ASIC has opened a can of worms by permitting lending discrimination on the basis of age, not serviceability or financial feasibility.
I understand lenders are taking steps to 'comply with the law' with all sorts of measures including:
1) reducing the loan term (from 15 to 10 yrs), in combination with
2) insisting on Principal and interest repayments instead of IO
Older people can find it hard to refinance to a better loan provider and get more competitive lending terms when the law intimidates loan providers to have less to do with older people. Consequently, there is less competition for provision of loans to older people and when it is available it is at a higher costs. This seems a case of unfair discrimination.
It seems to me that if ASIC wished to safeguard older people from unwise financial investments they could have taken a more direct approach. For example, if older people absolutely do not want to lose certain properties then ASIC could stipulate that lenders must get a declaration from older people nominating that certain assets are to be excluded from serviceability assessment.
The discrimination could be against anyone who is retired regardless of receipt of employer pension. As the legal retirement age for a normal worker starts at 55, the unfair lending discrimination can cover up to 20 years more, ie age 75, consistent with longer working life as people live longer. It seems legitimate investment activities for the 55-75 are unnecessarily obstructed through diminished avenues of borrowing as a result of ASIC's regulations.
I wonder do others agree that there is a perceptible trend of unfair discrimination of the aged in terms of borrowing for investments because of ASICS recent regulations? Perhaps the authorities (ASIC and Commissioner against Age Discrimination) need to be informed of this situation?