FHOG - 2011
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I HAVE ALREADY USED MY FHOG AND THE RULES ARE THAT I AM REQUIRED TO LIVE IN IT FOR A YEAR BEFORE I CAN MOVE OUT AND RENT IT. BUT I WILL BE OVER SEAS FOR MOST OF THIS TIME, BUT TECHNICALLY THIS IS STILL MY PLACE OF RESIDENCE AS ALL MY STUFF AND MAIL IS STILL THERE.
DOES ANYONE KNOW IF THE AUTHORITIES ACTUALLY CHECK THIS KIND OF THING AS I WOULD LIKE TO STAY OS A BIT LONGER?
I NEED HELP ON THIS URGENTLY
THANKS
Quote:
You (or at least one applicant) must occupy the home as your/their principal place of residence for a continuous period of at least 6 months, commencing within 12 months of either settlement or completion of construction (the residency requirement).
The Commissioner may approve a lesser period if he is satisfied that there are good reasons why you cannot comply with the residency requirement. The Commissioner also has discretion to extend the 12 month period if satisfied that you cannot begin occupying the home within 12 months of settlement or completion of construction due to circumstances that were unforeseen or beyond your control. You should contact the SRO and provide written reasons as soon as you are aware that you may not be able to satisfy the residency requirement. Please note that the Commissioner does not have the discretion to waive the residency requirement.
The Commissioner may approve a lesser period if he is satisfied that there are good reasons why you cannot comply with the residency requirement. The Commissioner also has discretion to extend the 12 month period if satisfied that you cannot begin occupying the home within 12 months of settlement or completion of construction due to circumstances that were unforeseen or beyond your control. You should contact the SRO and provide written reasons as soon as you are aware that you may not be able to satisfy the residency requirement. Please note that the Commissioner does not have the discretion to waive the residency requirement.
The key things I see there are that the residency requirement cannot be waived by the commissioner, and that you can only begin residency later than 12 months if there are circumstances which are unforeseen or beyond your control. If you are staying overseas as a matter of convenience then I don't think you have any grounds to begin occupying later.
It's also clear that you have to be planning to live in Australia to be eligible for the FHOG - if you plan to stay overseas indefinitely then you are not eligible. They've allowed for you to be away for 12 months after construction before returning though.
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