Lifestyle Communities - Refund Portal

FAQs

Lifestyle Communities Ltd

Deferred Management Fee (DMF) Refund Program

1. What is the purpose of this refund program?

Lifestyle Communities has established this voluntary refund program for former residents in response to the recent Court of Appeal decision concerning DMF provisions in certain Lifestyle Communities Residential Site Agreements (RSA). The program provides a streamlined way for eligible former residents to apply for a repayment of DMF outside of court proceedings.

Participation is voluntary. You do not have to participate in the program, and you can withdraw your application at any time before signing a Deed of Settlement. Before you register, and before you sign a Deed of Settlement, you should take independent legal advice about your rights and about what participating in this program means for you.

Deloitte is assisting Lifestyle Communities to administer the refund program. Lifestyle Communities retains responsibility for approving eligibility outcomes and repayment amounts and for making approved payments.

2. What is a Deferred Management Fee (DMF)?

In the context of this refund program, it refers to the deferred management fee (DMF) provisions in certain Lifestyle Communities RSAs that were the subject of the Court of Appeal decision.

3. Am I eligible to make a claim?

You may wish to submit an application if you were a former Lifestyle Communities homeowner and a DMF was paid when you sold your home.

These circumstances do not automatically mean that you are eligible for repayment. Eligibility will be considered on a case-by-case basis against the program criteria, the relevant agreements and records, and the information and supporting documents available for your application.

If you are unsure whether the program applies to you, you may still register and provide the information reasonably available to you. Registration and submission of an application do not guarantee repayment.

If you are not eligible to participate in the voluntary refund program it means only that you fall outside the eligibility criteria for this voluntary program. You may wish to take independent legal advice about any other rights or claims you may have.

4. Who can make a claim?

Claims may be submitted in one of the following ways:

A. Former resident claiming on their own behalf

You may apply personally if you are a former resident who paid a DMF and believe you may be eligible under the program.

B. Representative acting under a Power of Attorney

An attorney may submit an application where their authority under a current and applicable Power of Attorney extends to the application and any associated financial or legal matters. A complete certified copy of the Power of Attorney and evidence that it remains effective will be required.

C. Deceased Estate claim

Where the former resident has passed away, an application may be submitted by the person with legal authority to act for the deceased estate, which is typically the executor of the estate. Evidence of that authority will be required before the application or payment can be finalised.

5. Is my RSA covered by the refund program?

You will not be eligible under this program if your Residential Site Agreement was entered into before 1 September 2011. Please note that meeting the date requirement does not by itself establish eligibility. Applications will also be assessed against the other approved program criteria and documents available.

6. How do I register?

You will need to register through the ClaimsView portal and complete the application questionnaire. You may have someone assist you with this, but verification of identity will remain a requirement and payment will be made to the resident(s) named on the Residential Site Agreement or their estate (in the case of former residents who have passed away). Instructions and navigation guidance will be provided to help applicants register and lodge their application. If you require further assistance using the ClaimsView portal, telephone support is available by contacting the program team on telephone at 1800 320 843.

7. What information / documentation should I provide?

You may be asked to provide:

your contact details
information about your connection with the relevant Lifestyle Community
answers to the eligibility questionnaire
supporting documents relevant to your application
information required to verify your identity
if determined to be eligible, signing of a Deed of Settlement and providing bank account details for payment (verification of bank details will also be required).

Providing relevant information that is reasonably available to you may help the program team assess your application. You may be contacted if further information is required.

8. What happens if I do not have all my documents?

We understand some documents may be difficult to locate, particularly for older transactions. You should submit your claim using the information and documents you currently have available. The program team will review the information provided and may contact you if additional material is required.

9. What happens after I submit my claim?

After submission:

the application will undergo an initial completeness review
the information and supporting documents will be reviewed
you may be contacted if further information or clarification is required
your identity and, where applicable, your authority to act may be verified
an assessment recommendation will be prepared
the program team will review and approve the eligibility outcome and any repayment amount, and
if approved, a Deed of Settlement will be prepared for you to sign, and your payment information will be collected or verified before Lifestyle Communities processes payment. We will make repayment within 21 days of the Deed of Settlement being fully executed and exchanged by all parties.

10. Will you verify my identity?

Yes, identity verification will be required. Where an application is made by a representative, the program team will also need to verify the representative’s identity and authority.

Bank account information will be collected and verified separately for applicants whose repayment has been approved. Do not send identification or bank information by ordinary email unless the program team expressly directs you to use an approved secure method.

Please remain vigilant and alert to potential scams or fraudulent communications relating to the refund program.

Lifestyle Communities and Deloitte will only ask you to provide sensitive information relevant to your application, such as identification documents and bank account details, through approved and secure channels used for the refund program, including the ClaimsView portal and the approved identity verification process.

Lifestyle Communities and Deloitte will never ask you to transfer or pay money to participate in the Refund Program, provide your passwords, or urgently change or provide payment details in response to an unsolicited phone call, email or text message.

If you receive a communication that appears suspicious, do not provide any information, click on any links or act on the request. Instead, contact the refund program team directly through the ClaimsView portal or using the contact details published on the Lifestyle Communities website to confirm whether the communication is genuine.

11. How long will the process take?

Once you have submitted all relevant documentation (or all documentation reasonably available to you), we will assess your claim and determine eligibility.

Where a claim is approved and all required information has been provided, we will make payment within 21 days of executing and all parties exchanging the Deed of Settlement. Timeframes may vary where additional information or verification is required.

12. What if I need to provide more information?

If further information is required, we will contact you using the details provided in your application. Providing requested information promptly will assist us in progressing your claim as quickly as possible.

Please remain vigilant and alert to potential scams or fraudulent communications relating to the refund program.

13. What if my application is not accepted?

If Lifestyle Communities determines that your application does not meet the program criteria, you will be notified of the outcome. The outcome communication will explain how you may provide relevant additional information or raise a query about the outcome, in accordance with the approved program process.

14. Do I need a lawyer?

You are not required to use a lawyer to participate in the program, but taking independent legal advice will help you understand your rights and what participating in the program means for you. If cost is a concern, Seniors Rights Victoria and Justice Connect may be able to help you find affordable or free legal advice. Lifestyle Communities encourages you to speak to an independent lawyer before you sign a Deed of Settlement and will ask that you confirm that you have had the opportunity to do so before signing a Deed of Settlement.

15. What happens if my application is incomplete?

The application will not be assessed if the form is incomplete, supporting documents are missing, questions have not been answered properly or identity verification has not been completed.

16. Will someone contact me if more information is required?

Yes. The program team may contact you to request additional information or supporting documents, resolve inconsistencies, or remind you about an outstanding request. We will contact you via the ClaimsView portal messaging function. Should you require that contact be made through a direct email or phone call, please request this at lifestylecommunities1@deloitte.com.au.

17. How will I know the outcome?

Once the assessment has been completed and approved, an outcome communication will be issued via our ClaimsView portal. A copy of the outcome communication will be maintained with the claimant’s case record on ClaimsView with the refund amount.

18. What can I do if I disagree with the outcome?

You should contact our program support team using the messaging function on our ClaimsView portal or at lifestylecommunities1@deloitte.com.au and provide information or documentation which substantiates why you disagree with your outcome. Complex, disputed or exceptional applications may be escalated for further review. Matters involving disputed calculations or entitlement amounts will be escalated to Lifestyle Communities for resolution. You also have the option of seeking independent legal advice or pursuing any matter through your lawyers or the court system.

19. How do I provide my bank account details?

Lifestyle Communities and Deloitte will never ask you to transfer or pay money to participate in the Refund Program, provide your passwords, or urgently change or provide payment details via an unsolicited phone call, email or text message.

Please remain vigilant and alert to potential scams or fraudulent communications relating to the refund program.

If you receive a communication that appears suspicious, do not provide any information, click on any links or act on the request. Instead, contact the refund program team directly through the ClaimsView portal or using the contact details published on the Lifestyle Communities website to confirm whether the communication is genuine.

20. Could receiving a refund affect my tax, Age Pension or aged-care assessment?

It may. Receiving a refund could affect your personal taxation position, Age Pension entitlement or deeming arrangements, or the calculation of aged-care fees. The effect, if any, will depend on your individual circumstances.

Lifestyle Communities and Deloitte cannot provide you with tax or financial advice. Before accepting a refund or signing a Deed of Settlement, you should consider speaking with your accountant, financial adviser or Centrelink about how the payment may affect you.

21. What am I being asked to release when I sign the Deed of Settlement?

If your application is approved, you will be asked to sign a Deed of Settlement before your refund can be paid.

Under the Deed of Settlement, you will be asked to release Lifestyle Communities from claims connected with the Deferred Management Fee

You should read the Deed of Settlement carefully before signing it. You should obtain independent legal advice if you are unsure about the meaning or effect of the release.

22. What if the Residential Site Agreement was signed jointly, including where one of the former residents has since passed away?

If both former residents named on the Residential Site Agreement are applying together, they may submit one joint application. Each former resident will be required to complete an identity check, and the application will then be processed as a single claim.

Where the former residents are not applying together, the following will apply:

If one of the former residents has passed away, the surviving former resident may still submit an application. As part of assessing the application, we may request additional information or supporting documentation relating to the deceased former resident and/or their estate to enable the appropriate recipient(s) of any refund to be confirmed.
If the former residents are separated, estranged or otherwise not applying together, each former resident will need to submit a separate application. Each application will be assessed individually, and each applicant will be asked to provide the relevant information, supporting documentation and identity verification required to assess their claim. The process provides for related registrations to be identified and linked where applicable, while evidence and identity are assessed at claimant level.

23. What if I have moved overseas?

You may still register and submit an application if you now live overseas. Please provide your current overseas contact and mailing details when completing your application.

If your application is approved, you may nominate an eligible overseas bank account. You will be asked to provide the information needed to identify and verify that account, which may include:

the account holder’s name
the account number
the bank’s name and branch address
the account type, and
the applicable SWIFT, BIC or IBAN code.

You will also be asked to provide a bank statement or other supporting evidence showing the account holder’s name and account details. Any payment remains subject to the program’s identity, authority and bank-account verification requirements.

24. What if I am bankrupt or have creditors?

A refund may be affected by bankruptcy, insolvency arrangements or the rights of creditors. For example, another person, including a bankruptcy trustee, may have a legal interest in money otherwise payable to you.

You should disclose any current bankruptcy, personal insolvency agreement or similar arrangement when requested and should not nominate a bank account or sign a Deed of Settlement without first considering whether you are legally entitled to receive and deal with the refund.

Lifestyle Communities and Deloitte cannot advise you about the effect of bankruptcy or creditor claims. You should speak with your bankruptcy trustee, lawyer or financial adviser before accepting a refund. The program team may require further information or evidence of authority before the application or payment can be finalised.

25. What if the person named on the Residential Site Agreement is alive but no longer has capacity?

An authorised attorney may submit an application on behalf of a living resident if the attorney’s authority extends to doing so.

The attorney will need to provide:

a complete certified copy of the current Power of Attorney, and
any identity or authority information requested by the program team.

The Power of Attorney must authorise the making of such an application and signing a Deed of Settlement on behalf of the resident. A medical decision-making authority alone will not be sufficient. Any approved refund must be paid to an account held in the resident’s name, rather than to the attorney personally.

26. What if the estate has not obtained a Grant of Probate or Letters of Administration?

You may still contact the program team and explain the circumstances. Depending on the circumstances, including whether the person left a will and the nature of the estate, the program team may ask for alternative evidence or refer the application for individual consideration under an approved small-estate or intestacy process.

Before any application or payment can be finalised, Lifestyle Communities must be satisfied that it is dealing with the person legally entitled to act for the estate and receive the refund. You may be asked to provide declarations, indemnities or other supporting documents. If the necessary authority cannot be established, the application may be unable to proceed until appropriate estate documentation is obtained.

27. Can I withdraw my application after I have started it?

Yes. Participation in the refund program is voluntary. You may withdraw your application at any time before you sign the Deed of Settlement.

To withdraw, contact the program team through the ClaimsView portal messaging function. You may also contact the program team using the email address published in the portal.

Once you have signed the Deed of Settlement, you will be legally bound by its terms. It is for this reason that you should obtain independent legal advice if you have questions about your rights or obligations before you sign the Deed of Settlement.

28. What if I am unable to complete an application online?

If you are unable to complete the online application without assistance, please contact the program support team. The team can provide guidance to help you access the ClaimsView portal, register your account and work through the application process.

You may also ask a trusted family member, support person or lawyer to assist you with completing the online application. However, the application must include the required information and supporting documents, and the relevant applicant or authorised representative will still need to complete the applicable identity and authority verification requirements.

Please contact the program support team using the details below if you require assistance:

Telephone: 1800 320 843
Email: lifestylecommunities1@deloitte.com.au

The application itself must be submitted through the ClaimsView portal and cannot be completed or submitted by telephone.

29. Who can I contact if I have additional questions?

Once you have registered, you can contact the program support team by selecting “Message” in the top-right corner of your ClaimsView account. This is the preferred method for questions about your application because your enquiry can be linked directly to your claim.

If you have not yet registered, cannot access your account or require assistance using the portal, you can contact the program support team using the following details:

Telephone: 1800 320 843
Email: lifestylecommunities1@deloitte.com.au

The program support team can assist with general questions about the refund program, registration, the online application and information requested through the portal. Questions involving disputed calculations, repayment amounts or other complex matters may need to be referred to Lifestyle Communities for consideration.

30. What to do if you didn’t receive your OTP?

Your OTP may take up to 30 minutes to arrive and will be sent to the email address you used to register.
The email domain host may block these messages sometimes, or mark them as junk emails, so you should check your “spam” folder.
If you didn’t receive your OTP, re-enter your email address to generate a new OTP.

31. What to do if your OTP isn’t working?

Your OTP should be entered on screen in the field that appears after you register your email address and consent to the personal information collection notice.
If you get an ‘Invalid OTP’ error message, there may be a typographical error in the code you entered, or you are using an OTP that has expired.
If, after retyping the code again, you are still getting the error message, re-enter your email address to generate a new OTP.