Victoria not Entitled to Pay First Home Owners Scheme Grants to Toddlers

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Victoria not Entitled to Pay First Home Owners Scheme Grants to Toddlers

NO.088

VICTORIA NOT ENTITLED TO PAY FIRST HOME OWNERS SCHEME GRANTS TO TODDLERS

Clear guidelines exist for the administration of the First Home Owners Scheme

(FHOS) which was agreed to by all States and Territories when they signed the

Intergovernmental Agreement on the Reform of Commonwealth State Financial Relations

in 1999.

Recipients must be Australian citizens or permanent residents, they must be

buying or building their first home, and the home must be intended to be a principal

place of residence. Under this agreement, State and Territory governments were

also required to enact legislation to prevent abuse of the FHOS.

Today’s Herald Sun reports that the Victorian Government has paid out FHOS

grants to 38 toddlers.

Toddlers do not buy or build houses. Toddlers do not move into a principal

place of residence.

Victorian Treasurer, Mr John Brumby, has conceded that parents who are ineligible

for the grant because they already own a home, have made an application in the

name of their infant children.

This is an abuse of the FHOS. The Victorian Government must now amend its

legislation which has apparently allowed this. Victoria is in breach of its

obligation to prevent abuse of the scheme.

State Governments are entitled to claim the value of all FHOS grants from

the Australian Government. If the Victorian Government has claimed reimbursement

for these grants to toddlers, than it will be required to repay that sum to

the Australian Government.

In addition, I will be writing to every State Premier and Territory Chief

Minister, seeking an assurance that they have put in place arrangements as per

the principles they agreed to in the Intergovernmental Agreement, to prevent

abuse of the FHOS.

14 October 2003

CANBERRA

Contact: David Alexander

02 6277 7340


Extract from the Intergovernmental Agreement on the Reform of

Commonwealth State Financial Relations

D1. The States and Territories will make legislative provision for the First

Home Owners Scheme (FHOS) from 1 July 2000 which will incorporate programme

criteria consistent with the following principles:

[…]

  1. Eligible applicants must be natural persons who are Australian citizens

    or permanent residents who are buying or building their first home in Australia.

    […]

  1. An eligible home must be intended to be a principal place of residence

    and occupied within a reasonable period.

    […]

  1. The relevant State and Territory legislation will contain adequate administrative

    review and appeal mechanisms, along with provision to prevent abuse of the

    FHOS. The States and Territories will cooperate in the exchange of information

    to identify eligible first home owners.