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4.2 UNIVERSAL, ACCESSIBLE HOUSING Housing ACT recognises that a key group of people who require public housing are those living with disabilities.24 As such, Housing ACT has committed itself to ensuring the adequate provision of housing to people with disabilities.
However, a review of CCL’s matters over the project period show several people sought CCL’s assistance because: Housing ACT did not modify the property to make it suitable for their disabilities; i.
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Housing ACT did not transfer the tenant to a disability compliant public housing property despite evidence this was necessary; or ii.
There were extremely long delays in modifying properties or transferring tenants once approval was given by Housing ACT.
In some cases, the failure to modify the property, or transfer a tenant to a new dwelling, effectively rendered the property uninhabitable for the tenant.
For example, CCL assisted two tenants who required the use of wheelchairs.
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In both cases, the tenants’ wheel chairs could not fit through the doorframes or corridors of their homes.
Neither of these clients had the financial means to rent privately, meaning that Housing ACT’s failure to accommodate their disability effectively risked rendering them homeless.
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24 ACT Government, Housing and Community Services (January 2012) Public Housing Asset Strategy<https://www.communityservices.act.gov.au/__data/ assets/pdf_file/0005/273551/Public_Housing_Asset_Management_Strategy.pdf> p3 and 13 38 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Sonia has been living in public housing for several years.
Approximately five years ago she had an accident and injured her back.
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As a result, she now requires the periodic use of a wheelchair.
Approximately one year ago the Housing ACT Occupational Therapist assessed the property as unsuitable for Sonia because her wheelchair does not fit through the doorways.
In the past, Sonia would stay at hospital or at a friend’s house during the periods of time when she required a wheelchair.
She is now pregnant and will require the wheelchair throughout her pregnancy.
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Housing ACT has not assessed her for a priority transfer despite the fact that her Housing ACT property is inaccessible to Sonia when she is using her wheelchair and she has no alternative accommodation for the next nine months.
Another significant challenge faced by tenants with disabilities is the extremely long wait times to be transferred to a disability modified property due to extremely limited supply.
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If a tenant is requesting a transfer because they are unable to live in their current property, a failure to process the transfer application in a timely way can leave a tenant effectively homeless.
One example of this is outlined in the case study below.
In this case, Housing ACT was aware of the man’s disability and need for an additional bathroom and assured the family that they would be transferred.
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However, further investigation by CCL revealed that it was in fact highly unlikely that a three-bedroom house with an additional bathroom would become available as there are very few three-bedroom disability modified properties.
Housing ACT had not communicated this to the tenant or his family.
Eddy is an elderly man with a range of disabilities including incontinence, which requires him to have easy access to a bathroom.
Eddy uses a wheelchair.
Eddy lives with his wife and three adult children.
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Eddy lives with his wife and three adult children.
They have one bathroom between them.
The hallways are too small for Eddy’s wheelchair and he is unable to fit it into the bathroom, so he must leave it blocking the hallway when he uses the bathroom.
Housing ACT have repeatedly assured the family they will be transferred to a disability modified property with an additional bathroom.
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Eddy has been waiting on the priority transfer list for about two years however CCL obtained advice that a suitable property is unlikely to come up for a number of years.
In Eddy’s case, CCL was advised by Housing ACT that he would have better prospects of being transferred if he medically required an extra bedroom as more four-bedroom properties have second bathrooms.
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This approach is demonstrative of Housing ACT’s failure to prioritise the needs and rights of tenants with disabilities who require housing which accommodate their needs.
Recommendation 4.2.1.
That Housing ACT considers that ensuring properties are suitable and accessible for people with disabilities is the highest priority when weighing up policy considerations (such as number of bedrooms etc).
Recommendation 4.2.2.
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Recommendation 4.2.2.
That Housing ACT recognises as a fundamental principle that every tenant is entitled to the full use and enjoyment of their home regardless of their disability.
39 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 4.2.3.
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That Housing ACT undertakes spot purchases where there are known deficiencies in public housing stock in order to ensure that people with disabilities are housed in appropriate dwellings in a timely manner.
The ACT Government is to be commended on its commitment to the construction of 100% LHA Gold Level accessible housing in its housing renewal programme, and the inclusion of 10% or more Class C adaptable units.
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We reiterate earlier recommendations with respect to the need to urgently increase the amount of available housing stock.
4.3 PETS It is recognised that under Housing ACT’s existing policies tenants do not require approval to keep pets or animals.
However, in practice, people with pets continue to face barriers to being allocating appropriate housing, and people in crisis situations struggle to access refuges and emergency accommodation with their pets.
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Further, there are often barriers in unit complexes due to body corporate rules.
For example, CCL has given advice to clients who have been placed on Housing ACT’s Priority waiting list and own large dogs.
Housing ACT has been aware of this, and yet has made offers which are demonstrably unsuitable for a tenant who owns a dog.
Housing ACT has then proceeded to count this as a ‘valid offer’ even though the property is unsuitable.
This risks the client’s place on the waiting list.
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This risks the client’s place on the waiting list.
40 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Brian has been homeless for several years and has spent much of that time sleeping rough.
This year Brian was placed on the Priority waiting list.
Brian told Housing ACT that he had two large dogs which he needs for his mental health.
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Housing ACT made him two offers of properties – both were apartment blocks, not on the ground floor, and with no yard or external area.
Brian came to CCL seeking help to have these offers withdrawn as they were not suitable to his needs.
After obtaining supportive medical documentation, and extensive advocacy, these offers were withdrawn, and Brian was eventually made a suitable offer.
Recommendation 4.3.
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Recommendation 4.3.
That Housing ACT, in recognition of the important role that pets play in tenants’ lives, Housing ACT consider the requirements of a tenant’s pets when determining whether a housing offer is ‘valid.’ 41 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 5.
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Incarceration and homelessness There is substantial research from Australia, and around the globe, that homelessness is a key driver of incarceration, and incarceration is a key driver of homelessness.25 Housing ACT recognises “the need of a Housing ACT tenant to return to their home, or at least be accommodated, after a period of incarceration”26 as a key policy consideration that is to be weighed up against other interests - such as the need to manage the security and maintenance of properties, and the desire to avoid vacant dwellings in an environment of long wait lists and public need.
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There is current evidence which suggests that Housing ACT is pursuing a misguided approach to recovering public housing properties from tenants who have been incarcerated.
Over the project period there appears to have been a consistent practice of Housing ACT staff entering Alexander Maconochie Centre to hand tenants 26 week no cause notices.
These notices require tenants to vacate the property within 26 weeks.
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Clients have instructed CCL solicitors that Housing ACT staff would encourage them to surrender their properties without giving advice on alternative options or suggesting they seek legal advice.
This is of significant concern.
Evicting tenants from their homes whilst in prison has serious and far reaching impacts.
It is self-evident (and the subject of extensive research) that housing is critical to rehabilitation and reducing recidivism.
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Evicting tenants whilst in the Alexander Maconochie Centre also has extremely serious immediate consequences for individuals and their families – it can limit their ability to get parole, and it can delay or reduce the likelihood of reunification of an incarcerated parent with children who are under the protection of Child and Youth Protection Services.
Veronica is the single mother of two children.
She is currently incarcerated at the Alexander Maconochie Centre.
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She has been served a 26 week no cause notice and felt pressured by Housing ACT to surrender her property.
Veronica had appointed her neighbour as caretaker of the property while she was incarcerated.
She has been regularly paying rent.
Veronica has an agreement in place to pay off an outstanding debt incurred prior to her incarceration and has been paying it off regularly.
Veronica is in the middle of proceedings with Child and Youth Protection Services regarding the care of her youngest child.
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It is likely that they will be reunified upon Veronica’s release.
Veronica is worried that if Housing ACT evict her and only provide her with temporary accommodation on release, she will not be reunified with her son.
25 Australian Institute of Health and Welfare 2019.
The health of Australia’s prisoners 2018.
Cat.
no.
PHE 246.
Canberra: AIHW at viii (online) <https://www.
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Canberra: AIHW at viii (online) <https://www.
aihw.gov.au/getmedia/2e92f007-453d-48a1-9c6b-4c9531cf0371/aihw-phe-246.pdf.aspx?inline=true> 26 ACT Government, Housing and Community Services, Incarceration of Tenants Policy (online) <https://www.communityservices.act.gov.au/hcs/ policies/incarceration_of_tenants> 42 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 5.1.
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That Housing ACT reviews its policy and practice of interacting with incarcerated tenants to ensure that tenants are not pressured to surrender their tenancies, and to require that Housing ACT staff advise tenants of their right to obtain legal advice before deciding whether to relinquish their tenancy.
Moreover, should a tenant elect to obtain legal advice, Housing ACT should proactively refer them to CCL for independent legal advice.
Recommendation 5.2.
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Recommendation 5.2.
That the Housing ACT policy be amended as follows: a.
To allow tenants to be absent from their property for a twelve-month period during which Housing ACT maintains the property and ensures that it is secure.
b.
To enable an extension of the twelve-month period to be considered on a case by case basis.
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c. Where an extension cannot be granted, and the tenant loses their tenancy (through relinquishment or eviction proceedings) Housing ACT is required to move their name onto a special register and commence identifying suitable properties between three and six months prior to expected release, with the view of an offer of accommodation being made three months prior to release.
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d. The accommodation offered is suitable to the needs of the tenant and consideration is given to the impact of high density and high crime areas on those seeking to rehabilitate.
The ACT Government’s policy is not to discharge prisoners into homelessness.
However, we submit that the provision of temporary accommodation in refuges, hotels or crisis accommodation does not satisfy this policy objective – it merely delays the onset of homelessness.
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43 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 6.
Centrelink and financial hardship The first section of this research report has focused on the barriers and challenges faced by people in the ACT living in, or seeking access to, public housing.
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This research report has also found that there are numerous links between homelessness and the accessibility and adequacy of Centrelink payments - including the ways in which they are administered by Centrelink.
The vast majority of Housing ACT tenants who sought CCL’s assistance during the project period also relied on Centrelink to make ends meet.
Many of them experienced the cyclic disadvantage caused by precariously low Centrelink payments.
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A common experience described by clients during the project period involved low Centrelink payments leading to financial hardship, tenants finding themselves unable to make ends meet and falling into rental arrears, and subsequently facing eviction and potential homelessness.
Sections 7 – 10 of this research report focus on the ways in which the social security system contributes to financial hardship and places vulnerable tenants at risk of homelessness.
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The unaffordability of renting in the private rent market for those in receipt of Centrelink payments has long been recognised by the Commonwealth Administrative Appeals Tribunal27 to justify why lump sum payments spent on modest houses be excluded from the calculation of Compensation Preclusion Periods.
This research report provides further evidence of this view, with CCL’s clients who rely solely on Centrelink income, like Terri below, being almost entirely excluded from the private rental market.
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Terri and her partner both rely on Newstart Allowance.
They have been renting privately but the financial pressure is too great, and they are looking for alternatives.
They have applied for public housing.
Terri has been actively looking for cheaper, smaller rental properties.
Terri has received fifteen rejection letters from private rentals due to her low income.
Terri’s experience is indicative of the financial difficulties faced by people who rely on Centrelink to meet their day to day needs.
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With the private rental market inaccessible to many, these social security recipients face long waiting periods to receive a public housing allocation, and potential homelessness.
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27 For example, Re SDSS and Turner (1993), Re Dean and SDEWR (2006) and SDFHCSIA and Balaj (2012) 44 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 6.1 Newstart Allowance: too low and too onerous The ACT Government’s submission dated 7 August 2019 to the Federal Parliament’s Senate Standing Committee on Community Affair’s Inquiry into the ‘Adequacy of Newstart and related and alternative mechanisms to determine the level of income support payments in Australia’28 highlighted the experiences of many Newstart Allowance recipients living in the ACT.
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its submission noted that: • Despite having the lowest unemployment rate in Australia, 3, 740 job seekers in the ACT received either Newstart Allowance or Youth Allowance in May 2019, including 2,413 people who had been looking for work for 12 months or more.
• During 2017-2018 approximately 6,350 households in the ACT included a Newstart Allowance recipient and were considered for housing assistance.
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• Despite Commonwealth Rent Assistance providing an estimated 27% of Newstart Allowance households in the ACT with rent support, in 2017-18 two thirds of these households were experiencing rental stress with tenants spending 30% or more of their combined household incomes on rent.
• 13% of ACT households in public housing relied on Newstart Allowance as their main source of income and 20% of these households fell into four or more weeks of rental debt in 2017–2018.
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• In 2017-2018, 25% of all ACT households which relied on Newstart Allowance and contained children, were in rental debt of four or more weeks.
The housing stress and risk of homelessness arising from inadequate Centrelink payments which was identified in the ACT Government’s submission, was also evident in this research.
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6.1 TOO LOW As at June 2019, 686,785 people were receiving Newstart Allowance.29 The maximum rate of Newstart Allowance for a single adult is currently $279.50 (adult - changes with dependent children etc) per week which is less than 40 per cent of the current minimum weekly wage.
The University of New South Wales calculated a conservative minimum healthy budget for a single adult without children to be $434 per week.
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That comes to $96 more than the single rate of Newstart Allowance, Commonwealth Rent Assistance, and the Energy Supplement combined in July 2017.30 28 ACT Government, Submission 2 to Senate Standing Committee on Community Affairs, Inquiry into the adequacy of Newstart and related payments and alternative mechanisms to determine the level of income support payments in Australia, 7 August 2019 (online) <https://www.aph.gov.au/Parliamentary_ Business/Committees/Senate/Community_Affairs/Newstartrelatedpayments/Submissions> 29 https://data.gov.au/dataset/ds-dga-cff2ae8a-55e4-47db-a66d-e177fe0ac6a0/details?q= 30 Saunders, P., & Bedford, M. (2017).
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New Minimum Income for Healthy Living Budget Standards for Low-Paid and Unemployed Australians.
(SPRC Report 11/17).
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(SPRC Report 11/17).
Sydney: Social Policy Research Centre, UNSW Sydney <http://doi.org/10.4225/53/5994e0ca804a4> at 103 45 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Clients seeking assistance from CCL during the project period, who were receiving Newstart Allowance or a related payment, persistently identified that they experienced housing stress due to low payment rates.
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This is consistent with the national trend which has seen a 75% increase in people on Newstart Allowance seeking assistance from homelessness services over the last six years which has far outstripped the growth of 28% in the number of people receiving Newstart Allowance over the same period.31 Changes which have tightened the eligibility and assessment criteria for Disability Support Pension over the last two decades have resulted in greater numbers of people with disability relying on Newstart Allowance.
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The data for this report shows that Newstart Allowance recipients with disabilities disproportionately sought legal advice from CCL about financial stress, housing and homelessness and assistance to try to obtain the Disability Support Pension.. At the same time as struggling to make ends meet on a lower rate of payment, they had greater difficulty meeting their housing expenses due to the additional costs they incur as a result of their disabilities.
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A NATSEM report published in September 2019 found that households with at least one person with disability needed an additional $107 to cover expenses when compared to households that did not have any people with disabilities.32 Loretta is a 59-year-old woman with several disabilities.
Her mobility is extremely limited, and she cannot leave the house without assistance.
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She has a hearing impairment, a speech impediment and a heart condition all of which require medical interventions which cause Loretta to incur out of pocket expenses.
She was initially placed on Sickness Allowance but that was cancelled after Centrelink determined that her condition was permanent.
However, she has been found ineligible for Disability Support Pension.
This has left Loretta without any income as she cannot work and cannot fulfil her mutual obligations on Newstart Allowance.
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She is now in rental arrears and fears losing her house.
Over the project period, CCL saw a significant number of clients with disabilities who were unable to meet their mutual obligations with their employment service provider.
These clients were at risk of having their Newstart Allowance payments reduced, suspended or cancelled and falling into financial hardship which compromised their ability to pay their rent and maintain their tenancies.
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Single parents (and particularly female single parents) experience higher levels of poverty due to lower employment levels and low social security allowances.33 This is consistent with the findings of our data sample that showed single mothers in particular disproportionately sought assistance for Centrelink and housing issues.
Single parents face additional financial stress when their youngest child turns eight and they are moved from the more generous Parenting Payment Single to Newstart Allowance.
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31 Council to Homeless Persons, ‘Clear connection between homelessness and inadequate Newstart payments, says Homelessness Australia’ (Media Release, 29 August 2019) (online) < https://chp.org.au/media-releases/clear-connection-between-homelessness-and-inadequate-newstart- payments-says-homelessness-australia/> 32 Li, J., Brown, L., La.
H.N., Miranti, R., and Vidyattama, Y.
(2019).
Inequalities In Standards of Living: Evidence for Improved Income Support for People with Disability.
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NATSEM, Institute for Governance and Policy Analysis, University of Canberra.
Report commissioned by the Australia Federation of Disabilty Organisations.
September 2019 at xiv 33 Davidson, P., Saunders, P., Bradbury, B. and Wong, M. (2018), Poverty in Australia, 2018.
ACOSS/UNSW Poverty and Inequality Partnership Report No.
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2, Sydney: ACOSS, p 40 46 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 This equates to a drop-in payment of $89 per week, despite overwhelming evidence that the costs of raising a young child increases as they grow older.
Clodagh is a single parent with three children over the age of eight.
They live in a tiny two-bedroom apartment and Clodagh shares a bedroom with her youngest child.
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The apartment is damaged, but the landlord has threatened to evict her if she requests repairs and Clodagh cannot afford to pay for them herself.
Since being forced onto Newstart Allowance.
Clodagh has struggled to meet the costs of essentials for her and her children.
She is frequently forced to rely on emergency aid and food vouchers to ensure her kids are properly fed – often going without food herself to make sure she can pay the rent.
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Her children often miss out on social activities because she cannot afford them.
Her children feel the social stress of not being able to do the things that the other kids can do.
Her eldest child is beginning to feel socially isolated, complaining that she can’t have friends over because their apartment is too small and is so badly damaged.
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Despite the apartment being too small and in poor repair, no public housing has become available and Clodagh has been unable to find any affordable accommodation for her family despite extensive searches.
The data collected through a review of CCL’s client files is consistent with existing research into the inadequacy of Newstart Allowance and related payments.
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This report provides further evidence of the need to implement the recommendations made in the NSSRN’s submission to the Senate Legal and Constitutional Affairs Committee’s inquiry into the adequacy of Newstart and related payments, which are as follows: Recommendation 6.1.
That the following reforms be implemented: a.
An immediate raise Newstart Allowance by at least $75; b.
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An increase to Rent Assistance payments by 30%; c. That Newstart Allowance be indexed twice per year to wage levels and the consumer price index; d. The Family Tax Benefit should be increased for single parents with older children; and e. Single parents on Newstart should receive the same minimum $75 increase as single people without children.34 34 National Social Security Rights Network, Submission 114 to Senate Standing Committee on Community Affairs, Inquiry into the adequacy of Newstart and related payments and alternative mechanisms to determine the level of income support payments in Australia, 7 August 2019 (online) <https://www.
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aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Newstartrelatedpayments/Submissions> 47 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 6.2 TOO ONEROUS Of the 71 people who presented to CCL who received Newstart Allowance or a related payment, almost 20% struggled to remain engaged with the required mutual obligations and lost access to income despite their vulnerabilities.
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The Targeted Compliance Framework raises several key concerns about decision making, accountability and the reviewability of decisions that affect the lives of social security recipients.
It involves mutual obligation requirements and a demerit point system which has now been outsourced to employment service providers.
Demerits are applied if the social security recipient does not fulfill their obligations to look for jobs, attend appointments or attend activities.
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Any demerit points issued are not reviewable (as they are an action by the employment service provider and not a final decision of Centrelink) or subject to any external oversight.35 This leaves vulnerable job seekers with limited options for review.
People often seek assistance from Centrelink when things go wrong in their lives.
Many of CCL’s clients had experienced family breakdown, trauma and family violence.
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This was often on top of other hardship such as extreme poverty, inadequate housing, poor health, chronic health conditions, low levels of literacy (including digital literacy) and disability.
The rigid nature of the mutual obligation system, lack of control over scheduling appointments and the inability to customise employment pathway plans to accommodate the complexity of people’s lives and their circumstances often meant that Centrelink recipients had their payments reduced or cancelled.
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Disruptions to Centrelink payments can have catastrophic impacts for social security recipients and their families.
It can leave people unable to pay their rent, cause the accrual of rental areas and lead to eviction and homelessness.
The review of client files revealed that many CCL clients sought repeated advice regarding demerit points, exemptions, suspensions and penalties and had corresponding difficulties making rental payments.
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This reveals a tension between using mutual obligations to encourage participation in the job market and the competing policy objective of ensuring social security recipients can live with dignity by accessing secure and ongoing housing.
Given the serious impact the demerit decisions can have on peoples’ lives, it is of concern that these decisions have been outsourced to employment service providers.
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35 Dr Simone Casey, National Social Security Rights Network, ‘The Targeted Compliance Framework – Implications for Job Seekers’ 25 July 2019 (online) < http://www.nssrn.org.au/social-security-rights-review/the-targeted-compliance-framework-implications-for-job-seekers/> 48 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Harry has been seeking advice from CCL over the last couple of years about his Newstart Allowance.Harry is an Aboriginal man who has spent considerable periods of time homeless.
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Whilst homeless and trying to access public housing, he applied for an exemption from his mutual obligations as he was unable to fulfil them while he lacked stable accommodation.
Centrelink disputed Harry’s claim that he was homeless and refused the application for exemption.
Harry was eventually allocated a public housing property.
Harry was later cut off from his Newstart Allowance payments (again) due to a breach in his mutual obligations.
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Harry maintains that he had advised his employment service provider of his inability to attend a meeting in advance.
As a result of the alleged breach, Harry only received $9 in Centrelink payments that fortnight which is not enough to live on.
Earlier this year Harry was again cut off his Newstart Allowance payments due to a breach in mutual obligations for a failure to attend an appointment.
Harry maintains he did not know about the appointment.
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Harry was unable to pay rent due that week and fell into arrears.
While 3.2.11.40 of the Social Security Guide36 sets out special circumstance exemptions (including homelessness) it stipulates that these exemptions only apply when the circumstances are “UNFORESEEN or UNAVOIDABLE and cause major disruption for the job seeker”37 (emphasis in original).
In practice these criteria result in some people who are experiencing protracted hardship being denied exemptions.
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For example, CCL has advised several clients who had been homelessness and without income support for prolonged periods who have nonetheless been denied the exemption.
It is CCL’s experience that the application of exemptions at times appeared arbitrary with some clients being granted exemptions in some circumstances and others not.
The case study of Lucy below illustrates the housing stress caused by mutual obligations and inconsistencies in Centrelink’s application of exemptions.
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Lucy is the victim of serious and sustained domestic violence including a recent incident.
As a result, she is suffering from depression and anxiety.
Due to her recent trauma, and her mental illness, she was unable to attend several appointments with her employment service provider.
As a result, her Newstart Allowance was cut off.
Lucy cannot afford to pay rent without her payment.
Centrelink refused to accept her medical certificate and exempt her from mutual obligations.
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Lucy is concerned she will not be able to meet the requirements and will continue to be cut off Newstart Allowance placing her tenancy at risk.
36 Australian Government, Guides to Social Security Law, Social Security Guide Version 1.258 - Released 20 September 2019 (online) <https://guides.
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dss.gov.au/guide-social-security-law> 37 Ibid at 3.2.11.40 Mutual Obligation Requirements for NSA/YA Job Seekers - Exemptions - Special Circumstances 49 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Anecdotal evidence from CCL staff indicates that there is a low level of awareness amongst CCL clients of the availability of exemptions.
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This may lead to social security recipients failing to fulfill their mutual obligations and suffering penalties in circumstances that would warrant an exemption being granted.
Recommendation 6.2 That the following reforms be implemented: Recommendation 6.2.1.
Amend section 3.2.8.50 of the Social Security Guide to include that any family violence must be considered when designing an appropriate job plan (as it is when considering exemptions).38 Recommendation 6.2.2.
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Amend 3.2.11.40 of the Social Security Guide to clarify that ongoing homelessness should be considered as a special circumstance for the purposes of granting an exemption (i.e.
even if the circumstances are not ‘unforeseen and unavoidable’).
Recommendation 6.2.3.
Abolish the Targeted Compliance Framework and punitive compliance mechanisms and replace with tailored support services to assess the strengths and barriers faced by an individual to finding work.
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At a minimum, decisions about compliance, demerits, penalties and exemptions should rest with Centrelink (not employment service providers) and be subject to administrative review.
Recommendation 6.2.4.
Adequately resource Centrelink staff to provide oversight to Employment Service Providers and ensure that they are acting in accordance with the Social Security Guide and exercising their discretion fairly and transparently when making decisions that affect social security recipients.
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Recommendation 6.2.5.
Update training to Centrelink customer‑facing staff in light of any changes made in response to the above recommendation.
38 Ibid, at 3.2.8.50 What Can be Included in a Job Plan 50 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 7.
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Centrelink debts The data collected throughout the course of this research revealed that a high incidence of CCL clients who were homeless or at risk of homelessness also had debts raised against them by Centrelink.
In some cases, these clients owed several debts to Centrelink.
CCL clients reported that Centrelink debts caused them high levels of anxiety and placed them under considerable financial pressure as they juggled debt repayments on top of other living expenses.
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The debts often arose due to issues with communicating and navigating Centrelink’s systems, changing personal circumstances or errors by Centrelink.
People experiencing homelessness frequently face multiple challenges, and the lack of stability in their lives places them at increased risk of incurring debts and leaves them with a diminished ability to seek out information, respond to correspondence or appeal decisions.
This disadvantage is highlighted by Sophea’s case.
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This disadvantage is highlighted by Sophea’s case.
Sophea came to Australia as a refugee.
She had three young children, was isolated and had limited English.
After surviving many years of family violence, she fled the family home after her ex-husband threatened to kill her in front of their three children.
She left her three children in his care fleeing interstate where she couched surfed before securing a place in the refuge.
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She was traumatised by the family violence and being forced to leave her children with her ex- husband.
Several months later when a refuge worker took her into Centrelink to advise of her change in circumstances, she was told that a debt would be raised against her as she had lost care of her children.
Clients experiencing homelessness frequently reported difficulties maintaining lower debt repayment arrangements which currently require re-negotiation with Centrelink every three months.
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Not having stable and secure accommodation makes keeping track of appointments, paperwork and time sensitive obligations incredibly difficult for many people experiencing homelessness.
Nevertheless, clients reported that when they called Centrelink to advise of their circumstances had not changed and requested the continuation of their lower debt repayment arrangements, they would be asked detailed questions about their expenditure.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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They frequently reported feeling that a presumption was being made that they were spending their money unreasonably.
In contrast, CCL lawyers reported that when they called Centrelink on a client’s behalf, Centrelink would generally accept the lawyer’s advice that the client’s financial circumstances had not changed.
CCL solicitors reported that this process frequently caused clients significant anxiety about negotiating lower debt repayment arrangements by themselves.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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As a result, many contacted CCL for assistance every three months to undertake negotiations on their behalf.
Reapplying for the lower debt repayment arrangement every three months is stressful for clients and a significant impost on Centrelink’s resources particularly given that in CCL’s experience reduced repayment arrangements are often continued as there has been no change in a person’s financial circumstances.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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51 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 7.
That the following reforms be implemented: Recommendation 7.1.1 That section 6.7.3.40 of the Social Security Guide, which outlines the conditions under which special circumstance provisions allow for the waiver of a debt, be amended to include homelessness as a specific factor to be considered.
Recommendation 7.1.2.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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Recommendation 7.1.2.
That section 6.7.3.40 of the Social Security Guide be amended to clarify that a history of family and domestic violence must be considered in relation to debt waiver, particularly where a person has accrued a debt under duress or coercion, and consequently statements or representations may not constitute ‘knowledge’ by the debtor.39 Recommendation 7.1.3.
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That Centrelink amend its policy to allow for the reduced debt withholding arrangement to continue uninterrupted where the person states there have been no change in their financial circumstances.
7.1 ROBODEBTS While some vulnerable cohorts are exempted from Centrelink’s automated debt recovery scheme (Robodebt), the client files reviewed during the project period found that people with extremely low incomes and precarious housing were affected by the scheme.
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Robodebt compares income declaration data from the Australian Taxation Office (ATO) against income reported by people in receipt of social security payments.
Where a discrepancy is identified, people are requested to verify their income.
Where there are gaps in the information provided, the system will average out the ATO reported annual income across the 26 fortnightly Centrelink employment reporting periods.
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In other words, the system assumes that people worked consistent, regular hours over the course of the year.
This is not the case for many people who work multiple jobs, variable hours and casual shifts.
As a result, incorrect debts are raised against them.
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The client experiences examined in this research are consistent with the view that people in unstable housing situations are more likely to incur incorrect Robodebts because they are more likely to work irregular hours / shifts and have less capacity to store or collect the documentation (fortnightly pay slips or bank statements) required to prove their earnings and ensure that the calculation is based on actual fortnightly income rather than the averaged income.
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These debts can go back across several financial years.
39 NSSRN Domestic Violence Report, above n2 at 34 52 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Anil is a recent migrant from Tibet.
He speaks limited English and has been struggling to find work since he arrived in Australia.
He was placed on the Newstart Allowance.
Through his employment service provider he was able to find a manual laboring job.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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His employment service provider assisted him by providing him with clothing and shoes for his new job.
He worked for approximately six weeks before his contract was terminated.
He was placed back on Newstart Allowance.
Two years later he received a Robodebt notification alleging that he owed almost $2000.
Anil sought legal advice from CCL.
He was extremely distressed that Centrelink thought he had been lying to them.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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He had only worked for 6 weeks in a three-year period and did not receive Newstart Allowance during that time.
His former employer will not provide him with pay slips and Anil does not have any bank records.
For the 6-week period, Anil was paid by cheque which he then cashed immediately at the bank to pay rent.
Anil has begun paying back the debt in fortnightly installments.
This has placed Anil under further emotional and financial stress.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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Anecdotally, it is the experience of CCL’s Street Law program (which works with people who are experiencing or at risk of homelessness) that it is common for people entering or experiencing homelessness to have lost important documents that could assist if compliance issues are raised.
This may be for several reasons.
For those escaping domestic or other violence, or who are summarily evicted from their homes, they may not have had the opportunity to gather important documents prior to leaving.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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Those sleeping rough or couch surfing are more vulnerable to having their personal belongings stolen.
For others, they simply discard all but the most essential personal items as, without a home, they do not have anywhere to store documents.
Those who have lost documents during periods of homelessness are likely to face significant difficulties challenging Robodebts.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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Individuals who are experiencing homelessness or unstable housing are less likely to be aware of their rights or have confidence in their ability to effect change.
They are also less likely to have the stability to maintain regular contact with Centrelink or other services.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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Since the scheme’s inception, hundreds of thousands of Robodebts have been raised against people and 70, 000 have been wiped, reduced or written off.40 There has been persistent criticism of the emotional toll and financial stress that Robodebts placed upon individuals creating very real hardship – including placing housing at risk.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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Further, Robodebts undermine the confidence of social security recipients Centrelink as a trusted institution and can have the perverse effect of making individuals reluctant to engage.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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40 Luke Henriques-Gome, ‘Robodebt faces landmark legal challenge over crude income calculations’ The Guardian (online) 6 February 2019 <https:// www.theguardian.com/australia-news/2019/feb/06/robodebt-faces-landmark-legal-challenge-over-crude-income-calculations> 53 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Marjorie has an intellectual disability and is in receipt of Newstart Allowance.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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She was evicted from her private rental after being unable to sustain regular rental repayments.
Marjorie believes that she would be eligible for Disability Support Pension, however, she advised CCL that after Centrelink raised a Robodebt against her a couple of years ago she no longer trusts them with her personal information.
Marjorie believes the Robodebt was unjust and incorrect but due to her disability she didn’t feel able to challenge the debt.
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Social Protection Jobs and Economic inclusion
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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Marjorie told CCL that after her Robodebt experience there is now no way she would provide her private medical information to Centrelink in order to make an application for Disability Support Pension as she has lost confidence in them dealing with her information appropriately.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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This research provides further evidence of the need to implement the recommendations made in relation to Robodebt by the NSSRN, most recently in its submission to the Senate Legal and Constitutional Affairs Committee inquiry, ‘The impact of changes to service delivery models on the administration and running of Government programs.’41 41 National Social Security Rights Network, Submission 27 to Senate Standing Committee on Community Affairs, Inquiry into Centrelink Compliance Program, 27 September 2019 (online) < http://www.nssrn.org.au/policy-submission/submission-to-centrelink-complian-program-inquiry/> 54 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 7.2.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=b0169d48-9971-43d8-8590-26116d23e47f&subId=685163
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