Help to Buy Program Directions 2025
30Exceptions to principal place of residence requirement: all properties
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30 Exceptions to principal place of residence requirement: all properties
(1) Housing Australia must ensure that each arrangement provides that a participant is not required to comply with the participation requirement outlined in clause 1.3 of Schedule 1 (the principal place of residence requirement) if Housing Australia is satisfied, based on satisfactory evidence provided by the participant, that it is impracticable for the participant to meet that requirement:
(a) because of a posting required in the course of the participant performing their duties as a member of the Australian Defence Force, other than as a member of the Naval Reserve, the Army Reserve or the Air Force Reserve (within the meaning of the Defence Act 1903); or
(b) because the participant’s employer has required them to relocate, in circumstances where the participant has been employed by that employer for:
(i) at least 12 months; or
(ii) a lesser period, where Housing Australia is satisfied that a lesser period is appropriate having regard to the nature of the ongoing employment relationship between the parties; or
(c) because the participant, or an individual for whom a participant exercises carer responsibilities, is suffering from a serious illness; or
(d) on other compassionate grounds.
(2) Housing Australia may, if satisfied as mentioned in subsection (1):
(a) allow the participant not to comply with the principal place of residence requirement under paragraph (1)(a) for such a period as Housing Australia considers appropriate; and
(b) extend that period, as it considers appropriate.
(3) The period of allowed non-compliance under paragraph (1)(b), (c) or (d) must not be longer than 12 months. However, Housing Australia may, where it considers it appropriate to do so:
(a) in relation to a situation covered by paragraph (1)(b)—extend the period by up to 2 further 12‑month periods; and
(b) in relation to a situation covered by paragraph (1)(c) or (d)— extend the period by one or more 12‑month periods.
(4) Housing Australia may, at any time during a period of allowed non-compliance, if satisfied that the reasons for which the non‑compliance was allowed no longer apply, require the participant to comply with the principal place of residence requirement.