Discussion withNRAS Providers Ltd

Bryan Palmer

26 September 2014

Canberra

Overview of the discussion

  • 2013-14 NRAS Payments
  • Regulations on Trading of Incentives and Elections of Incentive Type
  • Systems and Administration
  • Next steps

NRAS Payments

Payment Issues

  • Little administrative discretion/flexibility
  • Many conditions of allocation; fail one, no money
  • Rigid MRV assessment and lodgement dates
  • Rigid lodgement dates for compliance statements
  • Rules on rent increases (even between tenants)
  • Other than vacancies, full year payment or $0
  • No regulatory mechanism to index MRVs
  • Rents cannot be indexed above 80% original MRV
  • Many MRVs did not meet reg. requirements

Payment Approach

  • Ask Approved Participants to check their current documents (especially MRVs) and lodge corrected documents – give APs time to get these uploaded on the NRAS portal [Now]
  • Amend the regulations (subject to GG), including to
    index MRVs, allow for late lodgement and to allow for some more administrative flexibility [Mid/late Oct]
  • Assess the updated claims for payment under new regulations, and where eligible, make the payment [Start after Regulations; may take some time]

Guiding Principles in Regulation Change

  • Not seeking to make ineligible for payment any approved participant who would have been eligible for payment under the current Regulations
  • As far as possible, align the regulations with current administrative practice, in part guided by the administrative guidelines issued in July 2008

Trading of Incentives and Elections of Incentive Type

September 2014 RegChanges:Changes to Reserved Allocations

  • 3 month transition period to lodge changes to proposed location or style (last day: Monday 22/12/2014)
  • All change requests need a statement of any associated commercial arrangements
  • After transition period only one more delivery date change; and only up to 3 months
  • We will be writing to all due by 23/12/2014 and asking for a change request or voluntary relinquishment. We will consider the withdrawal of any remaining overdue reservations around that time.

September 2014 Reg Changes:Due Dates and Provisional Allocations

  • Cannot agree delivery after 30/6/2016 – or 31/7/2015 for reservations from the Shovel Ready funding round
  • From Tuesday 23/12/2014, once a reservation reaches its due date, or the above final dates, it will be provisionally allocated and the 10 year incentive period will commence.
  • But incentive payment only made from date completed and tenanted
  • State support varies depending on their budgets and you should talk to your state government representative about their timeframes.

September 2014 Reg Changes:Elections

  • Charities are able to elect once a year whether to receive incentives in cash or as an RTO (noting that only charities can be paid in cash).
  • Election must be made by 31 December
  • Charity must be a charity for entire NRAS year to receive a cash payment

September 2014 Reg Changes:Other key changes

  • Final lodgement date for compliance statement moved from 13 May to 30 June each year
  • Part-year payments allowed in more cases
  • Dwellings cannot be vacant for more than 26 weeks
  • Application integrity – possible withdrawal or revocation for false or misleading applications
  • Current method for calculating the incentive value has been clarified (no value change)

September 2014 Reg Changes:New Application Forms

  • New application form under Regulation 20 for the transfer of an allocation to another rental dwelling (previously called substitutions)
  • New application form under Regulation 21 for the transfer of an allocation to another Approved Participant, person or entity.
  • New application form under Regulation 23A for variations to the conditions of reservation

Systems and Administration

System Upgrade in December

  • We have a major FOFMs NRAS portal update scheduled for December 2014.
  • Implementing the changes to provide for provisional allocations and restriction of change requests
  • More business rules around the MRV dates, and statement of compliance dates, supporting APs to be compliant including reminders for 4th & 7th year MRV
  • Ongoing system changes into the future to support other regulation changes.

Questions to Us

  • We have moved from a phone based service to an email based service ()
  • It allows us to better monitor and quality control the advice we give NRAS applicants and approved participants
  • It also allows us to maximise the consistency of advice we give
  • We will aim to turn around a response within two working days. But note: we don’t give legal advice
  • We will review this approach once we have completed the NRAS 2013-14 payments.

Next steps

Next steps (After Payments)

  • Review Scheme to see whether further regulatory changes are needed
  • Determine whether and what corrective action is needed in respect of past year payments

Questions?

Thank you

Bryan Palmer

Group Manager

Housing, Homelessness and Gambling