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1. Application and acceptance of Terms and Conditions

1.1. The Department of Customer Service (“DCS”), Service NSW and Resilience NSW are delivering the Rental Support Payment Program (“the Program”). Under the Program, an individual can apply for a one-off payment towards the cost of Short-term Accommodation for their household if their Principal Place of Residence is located in a High Impacted Suburb and has become Non-habitable due it being Directly Impacted by recent severe weather and flood events in NSW. 

1.2. Payments under the Program are only available if an insurance payment for temporary accommodation is not in place or does not cover the cost of the Short-term Accommodation.

1.3. The payment must be used towards Short-term Accommodation costs for stays of 14 nights or more.

1.4. Payments made under the Program will be made as act of grace payments under section 5.7(1) of the Government Sector Finance Act 2018 (“GSF Act”). The conditions in clause 5.1 are conditions that will be imposed by the Minister for Customer Service or his delegate on the making of the payment under section 5.7(2) of the GSF Act. If any of the conditions in clause 5.1 are contravened, the payment may be recovered from the recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.

1.5. By applying to receive a payment under the Program, you agree to be bound by these Terms and Conditions.

2. Definitions and interpretation

2.1. In these Terms and Conditions, unless the context otherwise requires:

DCS means the Department of Customer Service.

Defined Disaster Area means the local government areas listed in the ‘Financial year 2021-22’ table in respect of Australian Government reference number (AGRN)1012 available on the NSW Government ‘Natural disaster declarations’ website.

Directly Impacted means a direct and material impact to the Eligible Applicant’s Residential Property that is caused by the Eligible Disaster.

Eligible Disaster means NSW Severe Weather and Flooding from 22 February 2022 recorded under AGRN 1012.

Eligible Household means the individual/s ordinarily residing at the Eligible Property Address. 

Eligible Property Address means the street address of a Residential Property in a High Impacted Suburb. 

Evidence of Monies Paid means evidence of payment for the Short-term Accommodation booking, which may include: 

  • a receipt of the Short-term Accommodation booking that includes the name, address and ABN (if applicable) of the entity that issued the receipt and a description of each item to which the receipt relates, and/or 
  • a copy of the applicant’s transaction and/or bank statement showing payment for the booking. 

Evidence of Short-term Accommodation Booking may include tax invoice, email confirmation of the booking or reservation or lease agreement. Guidelines refers to the program guidelines described in clause 3 of these Terms and Conditions   

High Impacted Suburb means a suburb within a Defined Disaster Area in NSW which was issued an NSW State Emergency Services flood warning/order or has been captured in other impact data showing flood extent. Note: High impacted suburbs are subject to change. Information on High Impacted Suburbs will be available on the Service NSW website.

Major Damage means the Residential Property has: 

  • been destroyed or must be demolished, 
  • been declared structurally unsound, 
  • incurred substantial disrepair to the interior, 
  • its interior exposed to the elements, and/or 
  • sewage has gotten inside. 

Non-habitable means a Residential Property that, due to the Eligible Disaster: 

  • is no longer fit for human habitation, and 
  • possesses basic amenities that are no longer in working order, and 
  • has incurred Major Damage.

Principal Place of Residence means the Residential Property in which, at the time of the Eligible Disaster, the Eligible Household normally resided and maintained essential items of clothing, bedding, furniture and other goods necessary for the provision of day-to-day shelter, comfort and sustenance.

Rental Support Payment means a payment made under the Program.

Residential Property means: 

  • a house, 
  • an apartment, or 
  • a moveable dwelling such as caravan, motorhome, relocatable home, cabin or shipping container that is linked to an Eligible Property Address, 

noting the requirement that a maximum of one application will be accepted per Residential Property address. 

Service NSW means the Crown in the right of the State of NSW acting through Service NSW.

Short-term Accommodation means a premises that operate as, or establishments that offer a place of, temporary residence, lodging or occupancy by way of a commercial arrangement. Examples include: 

  • hotel or motel accommodation
  • short term rental accommodation. For example, Airbnbs or vacation homes 
  • backpackers' accommodation
  • serviced apartments
  • holiday parks 
  • residential tenancies where a short-term lease agreement is in place.

Terms and Conditions means these Terms and Conditions for participation in the Program.

We or us means one or more of DCS, Service NSW and/or Resilience NSW (as the case requires).

3. Program Guidelines

3.1. More detailed information about the Program is available in the Guidelines

4. Application to receive a payment under the Program

4.1. An individual is eligible to apply to receive a payment under the Program if:

4.1.1. they are ordinarily a NSW resident aged 18 years or older, and
4.1.2. they are a member of an Eligible Household, and
4.1.3. they are authorised to apply for the payment by the Eligible Household, and
4.1.4. the Eligible Property Address was their Principal Place of Residence at the time of the Eligible Disaster, and
4.1.5. The Residential Property in clause 4.1.4 has become Non-habitable as a result of the Eligible Disaster, and
4.1.6. There is no insurance cover in place for the Principal Place of Residence that could meet the cost of Short-term Accommodation, or the insurance cover that is in place is insufficient to meet such cost.
      
4.2. An individual is not eligible to apply to receive a payment under the Program if:

4.2.1. the Eligible Property Address was not their Principal Place of Residence,
4.2.2. they do not require paid Short-term Accommodation,
4.2.3. they do not have authority to apply for the payment on behalf of the Eligible Household, 
4.2.4. an application has already been made for a payment under the Program in respect     of the same Eligible Property Address, or 
4.2.5. they have previously received a payment under this Program, or 
4.2.6. they have previously received a payment under a previous support program, and any government agency has sought to recover the whole or part of that previous payment as a debt due to the Crown pursuant to s. 5.7(3) of the GSF Act or otherwise, and the amount sought has not been repaid.

4.3. An applicant must submit their application to receive payment under the Program via a MyServiceNSW Account held in the name of the applicant. 

The MyServiceNSW Account will ask for two forms of identification with the application to     prove the applicant’s identity.

4.4. Applicants must complete the online application and submit the documentation stated on the application form.

4.5. Information provided as part of an applicant’s application to receive a payment or otherwise in accordance with these Terms and Conditions must be true and correct. 

It is a serious offence to provide false or misleading information to a public authority.

4.6. By applying to receive a payment under the Program, an applicant consents to: 

4.6.1. Service NSW, DCS and/or Resilience NSW disclosing personal information provided by the applicant or about the applicant to each other and any other State or Commonwealth government agency, public or private entity or non-government organisation for the purposes set out in the Privacy Statement for the Program.

4.6.2. Resilience NSW, Service NSW, or any other NSW government agency contacting the applicant after receiving a payment under the Program for the purposes of reporting on and evaluating the Program and/or providing follow-up support to applicants. An applicant agrees to provide any information or documentation that is reasonably required under this clause. 

5. Conditions for Payment

5.1. It is a condition of a Rental Support Payment that an applicant meets each of the eligibility criteria in clause 4.1 and is not ineligible to apply to receive payment for any of the reasons in clause 4.2

5.2. An applicant must take all reasonable steps to ensure that the conditions in clause 5.1 are or have been satisfied at all relevant times. 

5.3. Upon receipt of a Rental Support Payment, an applicant declares that:
5.3.1. to the best of the applicant’s knowledge, the conditions in clause 5.1 are or have been satisfied at all relevant times, and  
5.3.2. the applicant took and will take all reasonable steps to ensure that the conditions in clause 5.1 are or have been satisfied.

5.4. The Rental Support Payment is to be used towards paying the cost of Short-term Accommodation where:

5.4.1. the accommodation is at a fixed address in NSW, and,
5.4.2. the length of the accommodation booking is for 14 nights or more commencing 22 February 2022 or later; and 
5.4.3. the number of individuals nominated by the applicant in the application for a payment under this Program correlates with the number of individuals who stay in paid Short-term Accommodation. 

5.5. The Rental Support Payment may only be used for the cost of accommodation. The payment may not be used towards incidental costs when staying in Short-term Accommodation (such as food or drinks, entertainment, transportation and relocation) or other costs (such as insurance, etc).

5.6. Applicants may be required, at the time of application, to provide Evidence of Short-term Accommodation Booking or Evidence of Monies Paid.

5.7. Evidence submitted under clause 5.6 must include the name of the applicant, the location of the Short-term Accommodation, the number of people the booking is for, the amount owed and the date range of the accommodation (which demonstrates 14 nights or more).

5.8. Applicants must retain Evidence of a Short-term Accommodation Booking or Evidence of Monies Paid for twelve (12) months after the date of receipt of the payment for auditing and eligibility purposes. 

5.9. We may audit or investigate an applicant to verify information provided in support of an application and/or to determine whether an applicant has complied or is complying with these Terms and Conditions. Subject to any applicable legal requirements:

5.9.1. an applicant must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation
5.9.2. we may request additional information or clarification about an applicant from any other public entity or other person for the purposes of this clause, including from a Short-term Accommodation provider. 

5.10. Notwithstanding any other provision in these Terms and Conditions, DCS, Service NSW and/or Resilience NSW may take civil and/or criminal action (where appropriate), including referral to NSW Police, where DCS, Service NSW and/or NSW Treasury reasonably suspect that an applicant has failed to comply with the law or these Terms and Conditions.

6. Payments

6.1. Payment under the Program will be made as a one-off amount based on the number of individuals in the Eligible Household requiring paid Short-term Accommodation as below:

  • For a 1 person household             $6,000
  • For a 2 person household             $7,200
  • For a 3 person household             $9,200
  • For a 4 person household             $12,400        
  • For a 5 person household             $15,200
  • For a 6 person household             $18,000

For a household with more than 6 people requiring paid Short-term Accommodation, the payment will increase by $2,800 for each additional household member.

6.2. Payment made under the Program will be credited to the authorised deposit taking institution nominated in an applicant’s application. 

6.3. Payments made in accordance with clause 6.1 will be made as act of grace payments under section 5.7(1) of the GSF Act.

7. Recovery of payments

7.1. If an applicant has received a payment under the Program, and DCS, Service NSW and/or Resilience NSW is satisfied that the conditions in clause 5.1 were, or have been, contravened, the payment or part of the payment may be recovered from the applicant by the Crown in a court of competent jurisdiction as debt due to the Crown, pursuant to section 5.7(3) of the GSF Act.

8. Suspension, variation or termination of the Program

8.1. Notwithstanding any other provision of these Terms and Conditions, we reserve the right, at any time, to:
8.1.1. suspend or terminate the entirety or any part of the Program
8.1.2. refuse to approve an application for payment under the Program for any reason and at our sole discretion
8.1.3. vary the Program Guidelines, these Terms and Conditions and the process for application
8.1.4. suspend the operation of, or close, the application process
8.1.5. alter or change the opening and closing date for applications
8.1.6. reduce or extend the application period.

8.2. Any changes to the Program Guidelines, these Terms and Conditions or action taken to suspend or end the Program will be notified on Service NSW’s website.

9. Limitation of Liability

9.1. To the extent permitted by law, DCS, Service NSW and Resilience NSW (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by an Applicant or any person arising directly or indirectly out of or in any way connected with the Program, including:
9.1.1. any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable, 
9.1.2. the fraudulent application for payments made under the Program,
9.1.3. any breach of these Terms and Conditions, and/or
9.1.4. any decision to suspend or terminate the entirety or any part of the Program.

10. Indemnity

10.1. An applicant agrees to indemnify and keep indemnified DCS, Service NSW and Resilience NSW (including their officers, employees and agents) from and against any liability or loss (including reasonable legal costs and expenses), which may be suffered or incurred by any of those indemnified by reason of or in connection with the applicant’s application for payment under the Program. 

11. General

11.1. Applicants are responsible for seeking their own independent legal and financial advice regarding these Terms and Conditions.
11.2. Failure by us to enforce any of our rights at any stage does not constitute a waiver of those rights. No rights under these Terms and Conditions will be waived except by notice in writing signed by both the applicant and us.
11.3. These Terms and Conditions shall be governed by the laws of the State of New South Wales. We and all applicants submit to the exclusive jurisdiction of the court of NSW and any court competent to hear appeals from those courts. 
11.4. Where we issue a notice to the email address provided by an applicant, the notice will be deemed to have been received by the applicant immediately upon receipt of electronic transmission confirmation. 
11.5. If any term in these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason whatsoever, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions. 
11.6. Clauses 7, 9 and 10 contain continuing obligations and will survive termination of these Terms and Conditions.