JSP 464 - Ministry of Defence
JSP 464 - Ministry of Defence
JSP 464 - Ministry of Defence
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GUIDELINES FOR DEALING WITH CASES OF ESTRANGEMENT<br />
41. Occupants <strong>of</strong> SSFA are entitled to an initial reconciliation period <strong>of</strong> up to a maximum<br />
<strong>of</strong> 93 days or other specified timeline suitable for the circumstances. During this period,<br />
DIO Ops Accommodation will continue to pay rent on the SSFA, and the Service<br />
spouse/civil partner (who will in most incidences have moved into single living<br />
accommodation) will continue to pay SFA charges and SLA/food charges as per <strong>JSP</strong> 754..<br />
The MOD contractor should be advised <strong>of</strong> the situation at the earliest opportunity.<br />
42. If there is no reconciliation either during, or at the end <strong>of</strong> the agreed reconciliation<br />
period, the Local Service Commander is to explain the regulatory changes associated with<br />
estrangement outlined in <strong>JSP</strong> 754 with the Service Personnel and estranged spouse and<br />
formally notify the HASC <strong>of</strong> the change in personal status category by the fastest available<br />
means. Concurrently, it is also the responsibility <strong>of</strong> the Licence Holder to notify the HASC<br />
<strong>of</strong> their change in circumstances. The Service person continues to pay the entitled SSFA<br />
charge for a further 93 days (effective from the date that the HASC are informed <strong>of</strong> the<br />
change <strong>of</strong> PStatCat. On receipt, the HASC (in conjunction with the MOD Contractor)<br />
should issue the 93 days notice to vacate to the estranged spouse/civil partner and inform<br />
that occupancy <strong>of</strong> the SSFA will be permitted to equate to the 93 days notice to vacate for<br />
SFA. The HASC are to issue and conduct the Proportionality Exercise at the same time<br />
as the 93 days notice to vacate to establish any continued occupancy beyond the expiry <strong>of</strong><br />
the 93 day notice to vacate which should consider factors such as children’s schooling,<br />
relevant welfare and medical considerations. After completion <strong>of</strong> the Proportionality<br />
Exercise and consideration <strong>of</strong> educational needs, welfare and medical issues, the Housing<br />
Provider (in conjunction with the MOD Contractor) may issue a revised notice to vacate.<br />
At the same time it is appropriate for the Housing Provider (in conjunction with the MOD<br />
Contractor) to conduct a move out inspection <strong>of</strong> the SSFA to cease Service person liability<br />
for the property and make record <strong>of</strong> any utility readings. DIO Ops Accommodation will<br />
continue to pay rent for the SSFA until the end <strong>of</strong> any revised notice to vacate date.<br />
43. Unless arrangements to the contrary (between the occupant, the HASC and the<br />
MOD contractor) have been agreed, DIO Ops Accommodation would require the MOD<br />
contractor to terminate the tenancy (unless the Landlord terminates the tenancy at an<br />
earlier date), to coincide with the 93rd day (or revised date). The MOD contractor would<br />
require a minimum <strong>of</strong> 40 days notice from the HASC to achieve this. On termination <strong>of</strong> the<br />
tenancy there are the following scenarios:<br />
a. The estranged spouse/civil partner moves out <strong>of</strong> the SSFA and the property is<br />
returned by the MOD contractor to the Letting Agent/Landlord.<br />
As at 13 Jul 12<br />
6C-11