Subsection 41(4) applies in relation to a move by an eligible tenant from one rental dwelling to another rental dwelling on or after 1 April 2020. (2) Records relating to a requirement in subparagraph (1)(b)(iv), (v) or (vi) must be sufficient to show how and when the approved participant satisfied the requirement. : the approved participant for a rental dwelling covered by an allocation. The NRAS scheme works by providing a financial incentive for up to ten years to rent out dwellings to eligible renters at 80% or less of the market value rent. (a) in the form approved by the Secretary; and. Note: For eligible tenant, see section 41. (c) if, on 1 April 2020, a decision about redirecting an incentive is still to be made following a determination of breach that has been made, the determination of breach is treated as if it had been made under this instrument and could result in a redirection under this instrument. (b) each of those approved participants is entitled to receive an incentive for the rental dwelling for a part of the period. (4) Subsection (3) does not limit the matters to which the Secretary may have regard in deciding whether to make the determination. has the meaning given by paragraph 41(1)(a). (2) However, subsection (1) does not apply in relation to a dwelling to which an allocation has been transferred, during the current NRAS year, under section 20. (5) The income limit for a household for a 12‑month period beginning in the NRAS year beginning on 1 May 2019 is: (a) if the household does not include a sole parent: (ii) $19,663 for each additional adult; and. (c) if the incentive was given as a payment—paying the amount. has the meaning given by subsection 24(3). Note: For working out the income limit, see subsections (5) to (8). by agreement, 19 Secretary may vary, remove or impose special conditions, 21 Transfer to another person on application by approved participant, 22 Transfer of provisional allocation on Secretary’s own initiative. (1) The Secretary may, on the application of the approved participant, transfer the allocation for a rental dwelling to another person. (b) on request as part of an agreed transfer (see paragraph 21(4)(d)). Limit on annual rent increases . It will not be amended to deal with any later amendments of this instrument. has the meaning given by subsections 41(2) and (3). (1) No incentive is available for an NRAS year (the current NRAS year) if the dwelling is vacant for: (a) a period of more than 26 weeks during the current NRAS year, whether or not the period is continuous; or. , for a rental dwelling covered by an allocation, means the holder of the allocation for the dwelling. False or misleading documents and information. (b) is required for the purposes of the Scheme. (2) The Secretary may revoke the allocation. On 1 April 2020 the National Rental Affordability Scheme Regulations 2020 (2020 Regulations) came into effect replacing the 2008 Regulations that ceased operating on 1 April 2020, under the sunsetting provisions in the Legislation Act 2003. Note 2: There is a similar obligation if the approved participant ceases to be an endorsed charitable institution (see subsection 55(5)). (b) the document or information has not been given to the Secretary in the approved form (if any). (c) to make an election under section 380‑11 or 380‑16 of the Income Tax Assessment Act 1997 in relation to the incentive. Subsection (1) may not already provide for this because this instrument does not provide for the making of new allocations. 23 Revocation on application by approved participant etc. (2) Any information in column 3 of the table is not part of this instrument. (1) An approved participant must maintain the following for 5 years: (a) information or documents required by the Secretary under section 46; (b) the approved participant’s records in relation to all of the following that relate to the approved participant: (iii) an incentive given (to the approved participant); (iv) an incentive, or State or Territory contribution, required to be passed on under Part 7; (v) a summary required to be given under section 67; (vi) a notice of end of allocation required to be given under section 70. Summary. certificate of occupancy, for a dwelling, means a certificate (however described) that: (i) the State or Territory, or an authority of the State or Territory, in which the dwelling is located; or, (ii) the local governing body that governs the area in which the dwelling is located; and, (b) states that the dwelling is suitable for residential purposes; and. (b) before the dwelling is first rented under the Scheme, there was a certificate of occupancy for the dwelling. Conditions of the reservation of existing provisional allocations................................. 11, Division 3—Varying, removing or imposing special conditions 12, 18.......... Varying or removing special conditions etc. (1) The approved participant for a rental dwelling covered by an allocation must, within 28 days after becoming aware of a person becoming an investor for the dwelling, notify the Secretary of the following details: (a) the person’s name and contact details; (b) the day on which the person became an investor. (9) If the Secretary has not given the applicant a review notice within 2 months after the applicant applied for the review, the Secretary is taken to have given the applicant a review notice confirming the decision. Key changes to rent policy from April 2020 onwards . (b) a gaining approved participant is required to give an investor an incentive that has been redirected under Division 3 of Part 6. Note 2: A notice could be given using an email address notified as described in subsections (1) and (2). (c) has agreed, in writing, to the transfer. 75 Determination relating to maximum rent. (2) However, the Secretary must not transfer the allocation unless the Secretary: (a) is satisfied that the dwelling is not actively rented under the Scheme; and, (b) has notified the approved participant that holds the allocation of the Secretary’s intention to transfer the allocation under this section; and, (c) has invited the approved participant that holds the allocation to give the Secretary a written submission in relation to the proposed transfer within 28 days; and, (d) has taken into account any such submission given by the approved participant that holds the allocation; and, (ii) has the capacity to properly manage the allocation; and, (iii) is a suitable approved participant to hold the allocation; and. (1) The Secretary may, at any time, decide to do one or more of the following if the Secretary is satisfied that to do so would assist in meeting the object of the Act: (a) vary or remove a special condition of an allocation for a rental dwelling; (b) not to vary, or not to remove, a special condition of an allocation for a rental dwelling; (c) impose an additional special condition on an allocation for a rental dwelling. (b) invite the approved participant or investor, as the case requires, to make a written submission to the Secretary about the proposed determination no later than 14 days after the day the Secretary gives the notice. (b) the interests of investors, including the need to ensure that investors maintain confidence in the Scheme. NRAS tenant income index, for an NRAS year, means the All Groups component of the Consumer Price Index (being the weighted average of the 8 capital cities) December quarter to December quarter published by the Australian Statistician as at 1 March of the immediately preceding NRAS year, rounded to the nearest single decimal point. Note 1: Paragraph (b) means the gaining approved participant, and not the original approved participant, will be entitled to the portion of the incentive that relates to the part of the NRAS year that includes, and is after, the day the transfer takes effect (see subsections 50(1) and 53(2)). I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. (b) include the information required by the form for the purposes of the Scheme. Income eligibility limits on properties receiving National Rental Affordability Scheme (NRAS) funding are outlined on the DSS website. statement of compliance means a statement of compliance under Part 5. Note 2: A decision under this subsection is reviewable by the AAT (see section 71). (1) The approved participant for a rental dwelling covered by an allocation must give the Secretary a copy of each current lease agreement for the dwelling. (1) For a provisional allocation, no incentive is available for any period for which a condition of the reservation of the provisional allocation is not met. It will not be amended to deal with any later amendments of this instrument. Note 2: The approved participant’s entitlement will cease completely: (a) in the event of a redirection arising from a breach (see Division 3); or. 19 Secretary may vary, remove or impose special conditions. Applications may be made to the Administrative Appeals Tribunal for review of the following decisions of the Secretary: (a) a decision under subsection 12(2), 13(9) or 15(2) not to make a determination; (b) a decision under paragraph 19(1)(a) or (b) about a special condition; (c) a decision under paragraph 19(1)(c) to impose a special condition; (d) a decision under subsection 22(1) to transfer a provisional allocation; (e) a decision under section 24, 25 or 26 to determine that an approved participant has committed an individual breach, a serious breach or a disqualifying breach; (f) a decision under subsection 51(8) that: (i) confirms or varies a decision under subsection 51(2); or. 55 Elections by endorsed charitable institutions. Note 1: While a determination under subsection (2) or (4) is in force, the entitlement is effectively paused for the entire part of the NRAS year for which the allocation is held by the approved participant. Affordable Housing Scheme: rental dwellings If you are looking for somewhere to rent and you work in one of the Northern Territory's (NT) key service industries, you may be eligible to apply to rent an Affordable Housing Scheme dwelling. (6) If the Secretary approves a later date, the Secretary may, by writing given to the approved participant, determine that subsection 13(2) (outstanding documents or information) does not apply in relation to the statement of compliance for the period specified in the determination. NRAS homes are not social housing â theyâre affordable rental homes spread throughout suburbs identified to have a high rental ⦠National Rental Affordability Scheme (NRAS) NRAS Incentive (indexation) Introduction The NRAS Incentive is indexed according to movements in the Rents component of the Housing Group of the Consumer Price Index for the year, December quarter to December quarter as at 1 March, using the weighted average rate of eight capital cities housing (ii) despite an arrangement to the contrary, is not required to pass on the incentive for the dwelling for the NRAS year to the investor. , for an incentive, or an increase in an incentive, has the meaning given by section 60. , for a false or misleading document or information, has the meaning given by subsection 13(6). consumer protection law has the same meaning as in the Australian Postal Corporation Act 1989. contravenes: the approved participant for a rental dwelling covered by an allocation contravenes a condition of the allocation if: (a) no incentive is available for a period for the dwelling because of circumstances specified in the condition of the allocation; and. : an approved participant is the subject of an, (c) becomes a Chapter 5 body corporate (within the meaning of the. (1) The approved participant for a rental dwelling covered by an allocation must give the Secretary a tenant consent form for each tenant of the dwelling. Conditions of the reservation of existing provisional allocations................................. 18.......... Varying or removing special conditions etc. (3) If the Secretary increases the incentive by an amount, the Secretary must give effect to the increase by: (a) issuing an amended tax offset certificate for the NRAS year; or, (b) if the approved participant agrees—adding the amount to an incentive for a future NRAS year; or. eligible tenant has the meaning given by subsections 41(2) and (3). (5) If the fifth or eighth incentive year for the allocation begins within 13 weeks after the beginning of the initial rental period for the dwelling, the market value rent for the initial rental period is also the market value rent for that fifth or eighth incentive year. (b) as varied under paragraph 18(1)(b) of this instrument. (5) The Secretary may transfer the allocation covering the dwelling to another person, or revoke the allocation, if: (b) the determination was made on the Secretary’s own initiative (see paragraph 28(a)), or on a transfer request that was withdrawn. (1) This section applies if an approved participant has notified the Secretary of any of the following details: (a) contact details of the approved participant, including the address for service; (b) the address of the approved participant’s principal place of business, if different from the address for service; (c) details of any officers of the approved participant; (d) details of any person authorised to act on the approved participant’s behalf. Housing affordability is a growing issue around the country, but the Australian Governmentâs National Rental Affordability Scheme hopes to make it a little easier for people to find and rent an affordable property. 51 Amount of incentive and reductions by Secretary. It offers tax and cash incentives to providers of new dwellings, provided they are rented to low, and moderate, income households at 20% below market rates. (1) No further allocations are available under the Scheme on or after 1 April 2020. Â, Copyright & Disclaimer, Privacy, Accessibility, Readspeaker, Social Media Policy, March 2020 - NRAS quarterly Performance report, NRAS Tenant Demographic Report - as at 30 April 2020, Request for exception that an incentive is not available due to outstanding documents or information, National Housing and Homelessness Agreement, National Rental Affordability Scheme Regulations 2020, Labour Market and Related Payments Monthly Profile publication, Labour Market and Related Payments July 2015, Labour Market and Related Payments June 2015, DSS is committed to a diverse and inclusive workforce, Aboriginal & Torres Strait Islander Recruitment, Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) Staff, Graduate Development Program: Diverse and Inclusive Department. (c) has no commercial relationship with, or interest in, a person who is: (i) an investor in relation to the dwelling; or, (iii) a recipient of a Commonwealth, State or Territory government benefit in relation to the dwelling; and, (d) has no interest in the approved participant in relation to the dwelling; and. Note 2: Subsections (1) and (2) confirm that things can be done under this instrument in reliance on things done under the previous regulations. the Secretary must give the approved participant the incentive …, the approved participant was not an endorsed charitable institution for the whole of the NRAS year, (a) the approved participant was an endorsed charitable institution during the whole of the NRAS year; and, (b) the approved participant has made an election under section 55 for the year, (b) the approved participant has not made an election under section 55 for the year. National Rental Affordability Scheme Regulations 2020 I, General the Honourable David Hurley AC DSC (Retd), GovernorâGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. (1) The approved participant for a rental dwelling must give tenants of the dwelling written notice of the end of the allocation for the dwelling. (5) If the approved participant ceases to be an endorsed charitable institution, the approved participant must, within 28 days, notify the Secretary of the cessation. The 2020 Regulations have introduced a number of new and changed provisions, now known ⦠Note: See subparagraph (5)(a)(i) for the income limit for a first adult for a year beginning in the NRAS year beginning on 1 May 2019. Note: Later valuations may be “desktop” valuations. Note: No incentive is available for any period during which the approved participant fails to comply with this section (see subsections 13(2) to (4)). (4) In preparing the valuation for the initial rental period, the valuer must attend and inspect the dwelling. market value rent has the meaning given by subsection 36(1). (iii) if applied, or relied upon, would cause detriment (whether financial or otherwise) to an investor. Requirements for certain transfer requests, (i) be in a form approved by the Secretary; and, (ii) include details of the breach alleged by the investor; but. Note: Paragraph (c) may result in the reduction of the apportioned amount if, on some days while the approved participant held the allocation, the incentive was not available or circumstances in a condition of the allocation did not happen. Any other statement in column 2 has effect according to its terms. (1) No incentive is available for any period during which the dwelling fails to comply with the landlord‑tenant, building, or health and safety laws of the State or Territory and local government area in which the dwelling is located. A guide to the maximum income you can receive to be eligible for an affordable rental property that is funded by the National Rental Affordability Scheme (NRAS) is indexed yearly. (2) A statement of compliance may require any other information relevant to the operation of the Scheme. National Rental Affordability Scheme Regulations 2020. (2) The approved participant may apply to the Secretary for a variation or removal under subsection (1). (ii) any amenities, utilities, inclusions, allowances or services (however described) provided in connection with the dwelling. transfer request has the meaning given by subsection 29(1). (1) The approved participant for a rental dwelling covered by an allocation is entitled to receive an incentive for the dwelling for each NRAS year, or part of an NRAS year, within the incentive period for the allocation, unless a determination under subsection (2) or (4) is in force for the allocation. Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents. Vacancies of at least 13 weeks but less than 26 weeks, (i) a period of 13 weeks or more during an NRAS year, whether or not the period is continuous; or, (ii) a continuous period of more than 13 weeks that begins no more than 13 weeks before the end of the previous NRAS year; and. (b) must not terminate the arrangement only because the investor uses the alternative service and the bond is not paid to the approved participant. 28 Secretary may determine breach on own initiative or on request by an investor, 30 Requirements for determinations of breach, 32 Transfer or revocation because of breach, 33 Legal arrangements do not prevent transfers, 34 Obligations of approved participants when allocations are transferred, 35 Statement of compliance if allocation is transferred, 39 Secretary may extend time for giving valuations, 42 Statement of compliance required for each NRAS year, 46 Secretary may request other documents and information, 47 Changes to approved participant’s details, 51 Amount of incentive and reductions by Secretary, 53 Incentive amounts when approved participant changes, 55 Elections by endorsed charitable institutions, 61 Secretary must notify proposed redirection, 62 Secretary must take interests of investors into account, 63 Approved participant’s obligations to investors, 64 Obligation to pass on incentives or State or Territory contributions in a timely manner, 65 Incentives or State or Territory contributions not to be withheld or refused if investor fails or refuses to accept other services, 66 Incentives or State or Territory contributions not to be withheld or refused if bond not paid, 67 Approved participant must give summary of code of conduct to investors, 73 Things done under the previous regulations, 74 General conditions of allocations existing immediately before 1 April 2020, 75 Determination relating to maximum rent, 76 Eligible tenants moving rental dwellings, 78 Redirecting incentives for certain earlier transfers, 79 Details of approved participants and investors. No incentive is available for any period before the dwelling is first rented under the Scheme. Note 1: The Secretary can rely on these contact details even where they have changed if the approved participant is yet to notify the Secretary of the change. Note: No incentive is available for any period during which the approved participant fails to comply with this section (see subsections 13(8) and (9)). Note 2: In contrast, special conditions imposed before 1 April 2020 will continue (see subsections 73(2) and (3)). This subsection has effect subject to any determination in force under subsection (2). (2) The Secretary must transfer the allocation covering the dwelling to another person if: (a) the determination of the breach was that the approved participant committed an individual breach; and, (ii) arose because the Secretary was satisfied that the approved participant was the subject of an insolvency event; and. (b) the approved participant contravenes a condition of the allocation. 2. (b) does not need to specify whether the alleged breach is an individual breach, a serious breach or a disqualifying breach. (ii) if that initial rental period ends just before the indexed year—that initial rental period; indexed in accordance with the NRAS market index for the dwelling for the NRAS year in which the indexed year begins, and rounded to the next whole dollar. (4) Sections 61 (about notice) and 62 (about interests of investors) also apply in relation to a proposed redirection under subsection (3) of this section. (b) must not terminate the arrangement only because the investor fails, or refuses, to use the service. Information about renting a home in Queensland including finding a place to rent, rent assistance, student accommodation, rights and responsibilities for tenants and landlords, support available for rental disputes and home safety. They are not government property. 66 Incentives or State or Territory contributions not to be withheld or refused if bond not paid, (b) the arrangement concerned is expressed to be subject to a term that the investor or another person must pay to the approved participant a monetary bond (however described) if the investor does not use a service other than a service provided by the approved participant or another person specified by the approved participant; and. (c) given by the Secretary to a person if the Secretary is satisfied that: (i) the person is a gaining approved participant or an investor; and. Governments National Rental Affordability Scheme. obligations to investors means the obligations set out in Part 7. original approved participant, for the transfer of an allocation, means the approved participant from whom the allocation is transferred. (1) The approved participant for a rental dwelling covered by an allocation must, by the end of 28 April 2020, have notified the Secretary of the following details: (a) the details listed in subsection 47(1) (about the approved participant); (b) the details listed in subsection 48(1) for each person who the approved participant believes is an investor for the dwelling. Operation of Subdivision C of Division 1A of Part 3 42. Division 4—Transfer or revocation not because of breach. 64 Obligation to pass on incentives or State or Territory contributions in a timely manner, (i) is given an incentive or State or Territory contribution; and, (ii) is required to pass on all or part of the incentive or contribution to an investor (whether under an arrangement or otherwise); or.
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