Settlement of Home Equity Access Scheme (HEAS) loan amounts 065-08020050

• The Home Equity Access Scheme National team (Complex Assessment Officer (CAO) also known as the delegate) is responsible for assessment and administration of all HEAS cases
• Customers can initiate settlement of their HEAS loan via their Centrelink online account. The online transactions create work items that automatically allocate to the Home Equity Access Scheme National team
• If a customer contacts by phone or attends a service centre with settlement advice, Service Officers must use Fast Note – select Auto text, use Complex Assessment > Request for CAO action > CAO Home Equity Access Scheme > and annotate the settlement request details
• If the customer has provided a signed, written request confirming they would like to withdraw from HEAS and settle their loan, staff can accept this as a formal request

Note: if the customer is a Member of a Couple (MOC), the partner must also sign the request before the HEAS settlement process can be completed. See Home Equity Access Scheme (HEAS) consent for more information.

If the customer and/or their partner have not provided an acceptable written request, issue the customer with a Home Equity Access Scheme variation form SA497 to formalise their request to settle the HEAS loan.

The Resources page has a link to the SA497 form.

• Contact the customer and partner (if applicable) to confirm the settlement request
• If a formal request to settle has not been provided, tell the customer a Home Equity Access Scheme variation form (SA497) will be sent for them to complete. If the customer is partnered, advise the customer that their partner must sign the SA497 as consent to settlement of the HEAS secured property. The Resources page has a link to the SA497 form
• If the HEAS secured property is an assessable real estate asset and has been sold:
• update the sale price on the Real Estate Details (RE) screen with the sale value
• tell the customer and partner (if applicable) that they will be sent a HEAS settlement letter with proposed settlement dates and amounts, and they do not need to make early repayments to have the caveat removed (this will avoid double repayments and refunds). Note: the caveat is removed on the date of settlement, in exchange for the HEAS loan balance due on the settlement date
• If the customer is still in receipt of fortnightly loan payments, stop HEAS from the entitlement period end date (EPED) for the current HEAS payment period:
• go to the Loan Details (HEAS) screen
• action as C
• do not insert a new date
• For online requests, check if any documents are required. For example, sale contract if the No Negative Equity Guarantee (NNEG) applies, and/or loan documents

Create a HEAS Settlement DOC using Fast Note – select Auto text > use Older Australians > Home Equity Access Scheme > HEAS Settlement, do not finalise it. CAOs must allocate the started work item to themselves via Work Optimiser..

Keep the DOC open to include relevant settlement information throughout the HEAS settlement process including:

• Settlement occurred on <date>
• Payment received by Electronic Payment, cheque of money order
• Payment received from customer, partner (if applicable), nominee or third party
• HEAS loan component amounts repaid
• Principal
• Interest
• Legal Costs
• Banking and receipting completed
• 200xxxxxx for $x (principal)
• 200xxxxxx for $x (interest) and
• 200xxxxxx for $x (costs) and

Keep the DOC open also for the Complex Assessment Officer (CAO) to complete once the HEAS loan is settled and records have been updated to reflect a zero HEAS loan balance and including:

• PLS HEAS screen updated:Y/N
• REBS updated: Y/N
• No Negative Equity Guarantee (NNEG) applied: Y/N
• NNEG ineligibility reason:
• NNEG extinguished debt amount: $x
• DOA finalised Y/N
• Receipts - Date caveat was released and Receipts to be sent to <customer><nominee>: Y/N

Record settlement details in the DOC:

• the property has been sold
• the HEAS loan is to be repaid without the sale of property
• someone is representing the customer at settlement, include the details (if provided)
• the proposed settlement date (if provided)

Once the steps above are complete, Complex Assessment Officers must allocate the HEAS Settlement  DOC  via  Work Optimiser to themselves.

Hold the HEAS Settlement DOC for 4 weeks.

Home Equity Access Scheme National CAOs must assess the NNEG.

General rules:

• If the customer has intentionally increased encumbrances, misrepresented their circumstances or committed fraud, even if the adjusted real estate value is lower than the HEAS loan balance owing at the time of settlement:
• the NNEG will not apply, and
• the full amount of the debt can be recovered
• If the NNEG applies and the adjusted real estate value is less than the HEAS loan balance owing at the time of settlement, then anything owing above the adjusted real estate value cannot be recovered
• If the adjusted real estate value is more than the HEAS loan balance owing, the NNEG will not reduce the amount payable and the full amount of the debt can be recovered

Home Equity Access Scheme National CAOs must calculate the ‘adjusted real estate value’.

The adjusted real estate value is the current market value minus any non- HEAS encumbrances or loans, and can be determined as below:

Market Value

• If the settlement is following the sale of the HEAS secured property, the market value will generally be the sale price
• The sale price can be accepted if the CAO considers it reasonable
• If the No Negative Equity Guarantee (NNEG) is to apply or could potentially apply, request a copy of the contract of sale to support any decision made
• If the proposed settlement is by way of funds not from the sale of the HEAS secured property, the market value can be:
• The market value from the last valuation of the secured property held on Real Estate and Business Summary (REBS) if it was obtained within the last 3 months, or
• The customer’s estimated value if determined by the CAO to be reasonable
• If either party does not agree to the value being the last recorded value, then the market value of the HEAS secured property is as determined by an accredited valuer via an on-site valuation
• Follow the HEAS appeal and review guidelines. See Home Equity Access Scheme (HEAS) > Resources > Appeal codes for valid codes to include in the Internal Review/Explanation Script
• Where a valuation has been appealed, alert the Property and Home Equity Access Scheme Legal team to place the tasking request (see Step 9) on hold until the review is finalised
• Request a new onsite valuation of the HEAS secured property
• For HEAS secured properties owned by a trust or company
• The CAO must determine the value of the ‘specified property’ the trust or company guaranteed for the HEAS loan

Encumbrances

• For any pre-existing encumbrances registered against the HEAS secured property when the HEAS loan was granted
• get the most recent loan statements available
• Check to see if there were any additional borrowings on pre-existing loans and request details of any loan variation contracts, if available
• Do not include any deductions from the HEAS debt
• If there is any indication of any additional borrowings taken out against the HEAS secured property
• Request a title search to check for additional encumbrances or charges that may have been raised
• Request a copy of any related loan contracts and loan statements

See the Resources page for examples of adjusted value calculation for No Negative Equity Guarantee.

Once determined if the No Negative Equity Guarantee (NNEG) applies or not, update the HEAS Details (HEAS) screen.

Adjusted Real Estate Value

• After the adjusted value has been determined, enter the amount in the Adjusted Real Estate Value field on the Home Equity Access Scheme Details (HEAS) screen

Note: the method to determine the value of the real assets (including a Reverse Mortgage) for NNEG is specified by a Ministerial Determination.

The determination of the value of real assets for the NNEG is:

• where the HEAS loan is not secured by real estate owned by a private trust or private company then the value of real assets are:
• the market value of all secured properties used for the HEAS loan, less
• all encumbrances and loans against the secured properties used for the HEAS loan
  Note: the HEAS loan balance should not be included in the encumbrances and loans at this point.
• where the secured property is owned by a private trust or private company the value is the total amount specified by the private trust or private company to be used as security for the HEAS loan.

Note: this amount is not apportioned by the customer’s percentage of ownership in the property or properties.

NNEG Ineligible Reason

If NNEG does not apply:

• and the reason is the customer has intentionally increased encumbrances, and the full amount of the HEAS loan is to be recovered , key LRL (ability to recovery loan limited) in the NNEG Ineligible Reason field
• and the reason is the customer misrepresented their circumstances, or committed fraud and the full amount of the HEAS loan is to be recovered, key MCF (customer misrepresented circumstances) in the NNEG Ineligible Reason field

Include full details of the adjusted value calculation and NNEG assessment on the HEAS Settlement DOC including:

• the adjusted Real Estate Value – if applicable, or
• the NNEG Ineligible Reason = LRL or MCF and how this decision was made, and
• the evidence or documentation used to make the decision. Staff must scan the documents to the customers record using Document Tools in Customer First

• If the No Negative Equity Guarantee (NNEG) applies, the settlement sum is the Adjusted Real Estate Value
• If the NNEG does not apply:
• confirm the customer’s relationship status. This is to determine if a single customer has a deceased partner, that may also have a recoverable HEAS loan
• confirm if the caveat/charge registration costs were added to the HEAS loan, and are paid. For example, if a HEAS loan was recently granted the registration costs may not have been added to the HEAS loan balance. Get the caveat/charge restriction costs details to form part of the settlement sum
• use the HEAS Future Settlement calculator on the Resources page
• go to the Loan Details (HEAS) screen, enter the last Entitlement Period End Date (EPED) in the Pension Payday field
• if there has been a HEAS repayment since the last EPED, enter the HEAS repayment amount as a negative figure next to the next Pension Payday field on the Future Settlement Calculation spreadsheet
• the HEAS amount required to settle is the amount owing at the EPED prior to the date of settlement
• Upload or scan the HEAS Future Settlement calculation spreadsheet to the customers and partner (if applicable) record

Update the Settlement Fast Note with:

• the total settlement amount owing and if partnered, the combined total settlement amount owing
• a breakdown of the total settlement amount owing and if partnered, a breakdown of both settlement amounts
• the date the settlement amount will be accepted to being the day before the next Entitlement Period End date (EPED), and repeat the same for the settlement amount owing for the following EPED

CAOs must issue a HEAS settlement letter to the customer with the HEAS loan payout figure for the next 3 consecutive fortnights.

The HEAS settlement letter:

• allows the CAO to manually add the HEAS settlement projection amounts and dates of acceptance into the HEAS settlement letter.
• allows the CAO to manually enter the reason why the No Negative Equity Guarantee (NNEG) may not apply, and
• provides HEAS electronic repayment options such as BPAY and AusPost Billpay

CAO issues a reference number to the customer and BPAY details for a direct payment and request to remove the caveat/charge from the HEAS secured property. (The Agency covers transaction costs.)

The HEAS settlement letter is issued from Home Equity Access Scheme letters (HEASL) in Process Direct, and includes:

• loan ID
• all addresses of secured property/ies involved in the HEAS loan. Note: the HEAS secured property address must have appropriate information on the Land  Titles  Reference field within the Real  Estate/Business  Identifying  (REBI) screen. This Title Reference populates in the HEAS Settlement Letter
• whether the NNEG will be applied to the HEAS loan
• any reduction in the HEAS amount to be repaid because of the NNEG
• the initial HEAS settlement payout figure and when it will be accepted
• the following 2 consecutive fortnight’s HEAS settlement payout figures and the dates they will be accepted to
• that there will be final costs associated with the HEAS settlement
• that interest will continue to accrue until the HEAS loan is paid in full
• appeal rights
• what the customer needs to tell us

Once a settlement date and a HEAS settlement amount has been determined, the CAO must issue a tasking request via email to the Property and Home Equity Access Scheme Legal team.

Include the below details about the settlement:

• The HEAS secured property details including the caveat or charge number
• The total HEAS settlement amount (both customer and partner if applicable)
• Details about if the No Negative Equity Guarantee (NNEG) applies or not
• Contact details of the:
• Customer and partner (if applicable)
• their solicitor, or
• other representatives
• Details of the proposed HEAS settlement date
• Attach to the email a copy of the scanned title search obtained by the legal provider at grant
• The title will be on the customer’s record. See the HEAS CAVEAT and Costs Fast Note for the document ID number

Where a Complex Assessment Officer (CAO) determines that the HEAS settlement is urgent, the following procedure should be followed:

• If the HEAS settlement is due between 7 and 28 days, the tasking email must be labelled as urgent
• If the HEAS settlement is due within 7 days, the tasking email must be labelled as urgent, the CAO must contact a member of the HEAS Tasking team via Microsoft (MS) Teams

The Legal Services Branch will instruct contracted solicitors to withdraw the caveat or charge in exchange for repayment of the outstanding HEAS loan balance.

Include in the HEAS Settlement DOC the referral details. Include:

• a breakdown of the HEAS settlement amount (both customer and partner if applicable) covering the total amount
• the Legal Explanation (LEX) number from Legal Services. Note: staff must attach a document with the email that includes the LEX number to the customers record. Once uploaded to the record, the email from Property and Home Equity Access Scheme Legal, must be deleted from the HEAS mailbox
• annotate the Settlement DOC with the individual components on HEAS/PLS screen:
• principal
• interest, and
• costs (if any)

Coding of the Adjusted Real Estate Value is required for all HEAS settlements regardless if the No Negative Equity Guarantee (NNEG) applies or not, and is done twice:

• first when the HEAS settlement letter is sent, and
• again after settlement funds have been received through BPAY, AusPost Billpay or in person by cheque or money order and banked

The following steps ensure the most recent HEAS loan balance is used in the calculation of the correct NNEG amount for a HEAS settlement.

Update the Adjusted Real Estate Value as follows:

• Remove the earlier coded Adjusted Real Estate Value, accept the changes, and finalise the activity
• Recode the Adjusted Real Estate Value, accept the changes, and finalise the activity

For HEAS settlements where the NNEG does not apply:

• Go to Repayment of Home Equity Access Scheme (HEAS) loans, and follow the process for general receipting and coding

For HEAS settlements where the NNEG does apply:

• Use the last date on the Loan Details (HEAS) screen
• Code the HEAS settlement costs to Costs, and accept the change. Do not make any other adjustments
• Allocation of HEAS settlement funds will be in order of:
• Costs
• Interest, and
• Principal
• Code the receipts and accept the change
• Zero any HEAS loan balance amount left owing and accept the change
• Finalise the HEAS assessment

After all monies have been receipted and coded, finalise the HEAS settlement on the customer’s record.

• Update details of the receipts in the HEAS CAVEAT and Costs Fast Note including:
• Settlement occurred on: <DD/MM/YYYY>
• Caveat/charge removed <LEX XXXXX>; and
• Close Fast Note

• Remove any details about HEAS from the property description on REBS
• If the HEAS secured property is an assessable asset and settlement was:
• not by sale of the property, remove the HEAS loan amount from the Mortgage/Loans field
• by sale of the secured property, do not remove the HEAS loan amount from the Mortgage/Loans field. Create an open work item using Fast Note. Select Generic > Update> Real estate action required to advise the property has sold (include the REBS property ID number, address and date of sale if known), and request they follow up the sale of real estate
• Send a HEAS Settlement statement to the customer from Home Equity Access Scheme letters (HEASL) in Process Direct

The Settlement statement must be sent once payment has been finalised and advises the customer that the HEAS loan has been reduced to zero.

The HEAS statement addressed to the customer, partner (if applicable)/or nominee provides:

• All HEAS transactions for the dates selected
• HEAS Loan payments made to customer
• Any HEAS advance payments made to customer
• Any legal costs
• Accrued interest
• HEAS repayments made
• HEAS adjustments that have been made
• Outstanding balance of the HEAS loan at the time request for a HEAS settlement was made
• HEAS closing balance

Note: the government has extended the sale of home provisions for sales completed from 1 January 2023, to:

• extend the 12 month asset test exemption period to 24 months. This may be extended to a maximum of 36 months in extenuating circumstances
• deem the proceeds from the sale of a primary home at the lower deeming rate, currently 0.25%

This applies to:

• all income support payments
• Farm Household Allowance
• ABSTUDY, and
• Low Income Health Care Card entitlements

See Sale of principal home for more details.

Annotate the HEAS DOA DOC for customer and partner (if applicable) with the below information from the HEAS Caveat and Costs and Settlement Fast Notes:

• Settlement occurred on: <DD/MM/YYYY>
• <Cheque><Money Order>/<Electronic Payment> received from <customer><partner><nominee><third party>/departmental agency’s solicitor for $xxxx.cc, scanned to record
• HEAS loan balance components paid to the Commonwealth at Settlement:
• Principal: $
• Interest: $
• Legal Costs: $
• Banking and receipting completed:
• 200xxxxxx for $x (principal)
• 200xxxxxx for $x (interest) and
• 200xxxxxx for $x (costs)
• Legal provider and LEX number: <LEX XXXXX>
• Caveat/charge number (details) registered by Commonwealth of Australia on: <DATE>
• PLS HEAS screen updated: Y/N
• REBS updated: Y/N
• No Negative Equity Guarantee (NNEG) applied: Y/N
• NNEG ineligibility reason:
• NNEG extinguished debt amount: $x
• DOA finalised Y/N
• Receipts - Date caveat was released and Receipts to be sent to <customer><nominee>: Y/N
• HEAS Settlement Statement sent: Y/N
• HEAS Settlement Statement sent on <DATE>

Tasking completion statements for settlements are emailed through from the legal provider after the settlement process has been finalised.

The statement provides details of the legal costs associated with the settlement request.

Upon receipt of the tasking completion statement, the Complex Assessment Officer (CAO) must upload or scan a copy to the customer’s record.