# Living away from home allowance



## Jock in Paddyland (Jan 17, 2010)

Hi folks. Have been reading a bit around this for a while now, but can't seem to find any clear info from the ATO. Basically, what has happened, I have asked my new employer about the LAFHA, as from what I can gather from elsewhere on the web, 457 visa holders are generally eligible for this. However, the HR contact at my new employer says that it is not applicable and would discriminate amongst domestic staff. They also say that it is only available when you are employed, and are then seconded interstate, however from what I have read in various company websites, non-residents are also normally eligible. So my questions for other who have experience of this are:-
1. Is it only available if you are moving with the same company?
2. Should I be eligible on a 457?
3. If so, should I keep plugging away to try and get it?

I thought I would be eligible due to the fact that: 1. I will not be a resident, & 2. I will be paying tax (at a higher rate) on 100% of my earnings.

Also, if anyone has any plain English links for info on this, that would be great.

Cheers
J


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## qwert (Feb 22, 2010)

Hey,

I think your HR is correct. LAFHA is dependent on you being a Secondee and not on you being a 457. [At-least this is what my understanding is]

Any employee who is a Secondee in Australia, *has to be paid LAFHA*. Now a Secondee is one who is working interstate or has been internationally deputed to Australia for an assignment.
Here is what i am trying to say:

If you have a 457 and lets say you have been recruited by an organization in Victoria to work in Melbourne, you might not eligible for LAFHA but,
If you have a 457 and you work for a company in New Zealand who want to send you to Melbourne (for work), you are surely eligible for LAFHA

Also note, LAFHA is Tax free . Now how much LAFHA your company pays is a different matter. 
Moreover, the organizations now need to now pay a bare minimum annual salary to all Secondee's. There is a lot of information on this on the immi website.

I am sharing this info on my personal work experience as Secondee in Australia... There might be more to it which I am not aware of! 

Cheers,


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## pdxheading2OZ (May 13, 2010)

*457 visa holders eligible for LAFHA*

I think qwert is in error (probably all that joy from getting the visa today) as I know from our immigration attorney that 457 visa holders are eligible for the Living Away from Home Allowance. I think the original question still stands - anyone know of a website with clear instructions on what can be included in the LAFHA you negotiate with your company?



qwert said:


> Hey,
> 
> I think your HR is correct. LAFHA is dependent on you being a Secondee and not on you being a 457. [At-least this is what my understanding is]
> 
> ...


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## qwert (Feb 22, 2010)

pdxheading2OZ said:


> I think qwert is in error (probably all that joy from getting the visa today) as I know from our immigration attorney that 457 visa holders are eligible for the Living Away from Home Allowance. I think the original question still stands - anyone know of a website with clear instructions on what can be included in the LAFHA you negotiate with your company?


Could be! I am just passing info on my experience... but ya if a attorney says it, he is more likely to be correct


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## aussieland (Oct 14, 2008)

pdxheading2OZ said:


> I think qwert is in error (probably all that joy from getting the visa today) as I know from our immigration attorney that 457 visa holders are eligible for the Living Away from Home Allowance. I think the original question still stands - anyone know of a website with clear instructions on what can be included in the LAFHA you negotiate with your company?


yes u r eligible for LAFHA on 457 visa..


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## Nikip (Jan 23, 2011)

Jock in Paddyland: How did you solve your LAFHA at the end???


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