Temporarily absent from a premises
A client may be temporarily absent from their home because they are unable to live in it due to a natural disaster or fire, they are in hospital or are travelling overseas.
When a client is temporarily absent from their home but are required to pay accommodation costs for their home, those costs may be included in Accommodation Supplement if the client still lives in the premises as a home.
Occupy the premises as a home
To decide if someone continues to occupy the premises as a home when they are temporarily absent, the following questions all need to be answered 'yes':
- Is the client away from their home for a temporary reason?
- Did they occupy the premises as a home before they left?
- Did they intend to continue living in their home before leaving?
- Does the client intend to return to live in their home?
If the client is absent from their home for some time, they could be considered to no longer occupy it as a home.
MSD must consider:
- the reason for leaving and not yet returning, and
- whether they intend to return to their home once they can.
If a client will not or cannot return to live at the home they are absent from, the accommodation costs for that home cannot be included in Accommodation Supplement.
Home unable to be lived in
If a client's home has been severely damaged or there is no longer a house on the property e.g. the house has been washed away by flooding, or had to be demolished, the client may still be considered to occupy it as a home.
MSD needs to consider whether they still occupy the premises as a home.
Hospitalisation or travelling overseas
Clients may be absent from their home while they are in hospital or travelling overseas.
A clients accommodation costs for the home they are temporarily absent from can generally be included in Accommodation Supplement if we consider they occupy the premises as a home and continue to meet the qualifications.
For specific guidance about when Accommodation Supplement can be paid for a home when the client is temporarily absent see:
Accommodation Supplement
Clients who qualify, can get Accommodation Supplement for their affected home.
Note a client cannot get Accommodation Supplement for both their affected home and their temporary accommodation costs. If a client chooses to get Accommodation Supplement for their temporary accommodation costs, they cannot get Temporary Accommodation Assistance payments.
Costs can only be included for 1 premises
Accommodation costs can only be included for 1 home.
If the client continues to have costs for the home they temporarily can't return to and the place they are currently staying, the client will need to tell MSD which home they want to get Accommodation Supplement for.
MSD will need to assess if the client is occupying that premises as a home.
Examples
Example 1
The client's home was severely damaged in a house fire, and they had to move out. The client is staying with a friend until the repairs are completed.
The client has no accommodation costs at the friend's house, but they are contributing towards the household expenses such as power and food.
The client doesn't have mortgage insurance cover, and still needs to pay the mortgage costs for the house they can't return to.
The client contacts MSD to see if they can continue to get Accommodation Supplement for their mortgage costs. The client tells MSD they were living in their home and intended to continue living there before being forced to move out.
The client also tells us it will take roughly 4 months for the repairs to be completed and they are intending to return to live at the property once the repairs are done.
The client may be able to continue getting Accommodation Supplement for their mortgage costs as it could be considered the client continues to occupy the premises as a home. It is considered they were occupying the premises as a home before being forced to leave and are intending to return.
Example 2
The client's house was damaged beyond repair in a severe weather event, and they have moved into the MBIE Temporary Accommodation Service.
The client doesn't have mortgage insurance cover, and still needs to pay mortgage costs for the home they can't return to.
The client is also required to pay a weekly contribution towards their MBIE temporary accommodation.
The client has house insurance, however this doesn't include temporary accommodation cover.
The cost of the mortgage repayments is higher than the MBIE Temporary Accommodation Service contribution. The client asks MSD to include the mortgage repayment accommodation costs instead of the MBIE accommodation contribution when assessing their Accommodation Supplement. MSD needs to assess whether the client is still occupying their original premises as a home.
The client tells MSD they were living at and intended to continue living there before being forced to move out.
The client also tells MSD they are investigating options to rebuild or get a house moved there, but they don't know how long this will take before they can move back.
The client is considered to continue to occupy the premises as a home, as the client was living there before being forced to leave, and they are intending to return.
Note If the clients' temporary absence from their home extends for a long period of time, MSD may consider whether the client continues to occupy the premises as a home.
Example 3
The client was renting, and the house was flooded and is no longer fit to live in.
The client's rental property had been modified based on their disability needs.
The landlord has discussed the situation with the client and advised them that repairs will take 3 months.
The client wants to wait for the repairs to be done then move back in as it is difficult to find a suitable place.
The landlord has advised that no rent will be charged over that 3-month period.
The client is currently in the MBIE Temporary Accommodation Service and is required to pay a weekly contribution toward their MBIE accommodation.
The client calls MSD to see what help is available.
The client was getting the Accommodation Supplement for the rental property which will stop being paid, as the client no longer pays rent for their rental property.
MSD needs to assess whether the client is considered to occupy the MBIE Temporary Accommodation Service premises as a home.
If they are occupying this premises as a home, the Accommodation Supplement can be reviewed to include the MBIE Temporary Accommodation Service costs
Legislation
- accommodation costs (definition) section 65AAA Social Security Act 2018
