Information for Concession Card Holders and Applicants for Hardship Relief

(for owner occupiers of residential land adjoining NSW Maritime’s land)

Introduction

The purpose of this document is to advise NSW Maritime’s waterfront lessees/licensees of the arrangements which it has made for granting concessions and hardship relief for wetland lease/licence payments for structures on NSW Maritime’s land which adjoins residential land.

The aim of these arrangements is to ensure that all lessees/licensees are treated consistently, fairly and equitably and these arrangements are consistent with the recommendations of the IPART “Review into Rentals for Waterfront Tenancies on Crown Land in NSW” report of April 2004.

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Concessions

Who is eligible for a concession?

Concessions are available for the following persons:

• Those who hold a current Pensioner Concession Card issued by Centrelink or the Department of Veterans' Affairs;
• Those who hold a current Repatriation Health Card issued by the Department of Veterans' Affairs (please note that Repatriation Health Cards issued with the word 'Dependant' entitles the holder to free medical only and is not valid for concessional rebates);
• Those who hold a valid Department of Veterans' Affairs Gold Card endorsed 'Totally and Permanently Incapacitated';
• War widows under the age of 60 who hold a valid Department of Veterans' Affairs Gold Card endorsed 'War Widow' and who have a total weekly income from all sources (including a war widow pension) of $510.43 or less;
• War widows, 60 years or older, who hold a valid Pensioner Concession Card;
• Those who have been issued a letter or statement/determination from the Department of Veterans' Affairs stating that they receive a Disability Pension of 70% or higher, or an Intermediate or Extreme Disablement Adjustment Pension; or

What concessions apply?

The following rental rebate arrangements apply. All rental figures quoted below are inclusive of GST and will be indexed by CPI each year:
1. Existing eligible concession card holders – rentals will increase incrementally to a cap of the lesser of 50% of the calculated rent or $1126.
2. New lessees/licensees who are eligible concession card holders or existing lessees/licensees who become eligible concession card holders – 50% of the calculated rent or the minimum rent of $394, whichever is greater.

How do I get a concession?

NSW Maritime will either photocopy your valid concession card or you may provide a certified copy of your card (both sides) to NSW Maritime. You will also have to provide proof of your identity in accordance with NSW Maritime’s Proof of Identity requirements.

War widows under the age of 60 who hold a Department of Veterans' Affairs Gold Card endorsed 'war widow' must also provide a evidence that their total weekly income from all sources (including a war widow pension) is $510.43 or less.

When collecting, using and storing your personal information NSW Maritime will apply the policies and practices outlined within its standard Proof of Identity and Privacy of Personal Information and Privacy Management Plan documents. All financial details and documents supplied to NSW Maritime will be held on secure, access restricted files.

Important points to note about concessions:

• The concession card holder only is entitled to receive a concession. Any partner or dependants listed on the card are not entitled to a concession.
• To receive a concession all joint property owners must be valid concession card holders.
• Health Benefits/Care Cards, Senior’s Cards and the like do not entitle you to a concession.
• Concession card holders must provide a certified copy of your concession card (both sides) annually to remain eligible for a concession. Alternatively you may present your card to NSW Maritime for photocopying.
• Concessions are available for one property only and not for those whose waterfront property is tenanted, or is an investment property or is owned by a company, trust, partnership and the like.
• NSW Maritime reserves the right to charge interest on any outstanding rental payments.
• It is an offence to provide false information to NSW Maritime.

Monthly, Quarterly and Half Yearly Payments

If you simply wish to pay your rental on a monthly, quarterly or half yearly basis you are required to make your request of the relevant NSW Maritime Property Officer.

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Hardship Relief

Who is eligible for hardship relief?

NSW Maritime will consider hardship relief for persons suffering genuine, short term financial difficulties.

Hardship relief is available only to individuals (or joint owners) who reside at the subject property. It is available for one property only and not for those whose property is tenanted, or is an investment property or is owned by a company, trust, partnership and the like.

How do I apply for hardship relief?

All applications for hardship relief must be made in writing preferably using the appropriate form which is available from NSW Maritime’s Internet site.

To enable the panel to determine your application, depending on the circumstances of your case you may be required to provide certified copies of documents including tax returns and bank statements and other statements in relation to your liquid assets (eg shares).

You are also required to provide a plan by which you intend to resolve the current financial difficulties.

When collecting, using and storing your personal information NSW Maritime will apply the policies and practices outlined within its standard Proof of Identity and Privacy of Personal Information and Privacy Management Plan documents. All financial details and documents supplied to NSW Maritime will be held on secure, access restricted files.

Who determines my application?

All applications for hardship relief are considered and determined, on a case-by-case basis by a panel of 3 senior officers of NSW Maritime.

To enable the application to be determined, you may be required to attend a meeting(s) with the panel.

What criteria are used to determine my application?

While each case is assessed on its merits the following criteria will be considered:

• Your ability to meet your rental payment which is determined by the evidence and documentation which you provide to NSW Maritime;
• The adequacy of a plan presented to NSW Maritime through which you aim to resolve the payment problem in the future;
• Whether the rental is for a dwelling which has been constructed on NSW Maritime’s land but which was reclaimed under policies which no longer apply; and
• Your rental payment history and history of compliance with lease/licence conditions.

What hardship relief options may be considered by the panel?

The following hardship relief options may be negotiated for a maximum 12 month period and normally once only during your tenancy:

• Extensions of time or tailored payment plans; or
• Other options which are mutually acceptable to both parties.

Following consideration of your case, NSW Maritime may decide not to offer hardship relief. This may occur, for instance, if you are unwilling to provide sufficient financial information to enable NSW Maritime to properly determine your application.

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The Panel’s Decision

Your application will be determined within 14 days of receipt unless further information is required by NSW Maritime.

The panel will make records of its decision making process and these decisions will be audited annually.

Within 14 days of the panel’s decision you will be sent letter from NSW Maritime which will include the following information:

• Its decision;
• Reasons for reaching the decision;
• Any specific arrangements in relation to payments; and
• Advice that NSW Maritime’s decision is final.
  

Important points to note about hardship relief

• Upon lodgement of an application for hardship relief, you are not required to make rental payments to NSW Maritime until the application has been determined and the decision has been communicated to you in writing.
• Irrespective of the outcome of any hardship relief application, an invoice for the full rental payment will be forwarded to you in the following year.
• NSW Maritime reserves the right to charge interest on any outstanding rental payments.
• It is an offence to provide false information to NSW Maritime.