Division 5: Education assistance for children in Australia

15.6.26   Purpose
15.6.27   Member this Division applies to
15.6.28   Entitlement
15.6.29   Remedial tuition in Australia
15.6.30   Period of reimbursement
15.6.31   Approval only in special cases if parent lives with child in Australia
15.6.32   Child taken to live at home in Australia
15.6.33   ...

15.6.26   Purpose

1.

The purpose of this Division is to reimburse costs for a dependant child remaining in school in Australia, while the member is posted overseas. Members are reimbursed compulsory tuition fees and accommodation costs for the child.

2.

However, members must pay a contribution.
15.6.27   Member this Division applies to

 

To be eligible for education assistance under this Division, all these conditions must be met.

 

a.

The member is posted overseas.

 

b.

The member's dependent child meets all these conditions.

 

i.

They are normally part of the member's household.

 

ii.

They are eligible for removal as a dependant of the member.

 

iii.

They remain in Australia to attend primary or secondary school.
15.6.28   Entitlement

 

TAX ALERT: PACMATE Annex 3.B, item 132.

1.

The member is entitled to be reimbursed costs paid for a child's compulsory tuition fees and accommodation (including meals and laundry).

2.

This table outlines the maximum entitlement amounts.

 

Item

If the child...

then the annual maximum entitlement in AUD for the child is...

Compulsory tuition fees

1.

attends a non-government school

19,785.

 

2.

attends a government school

266.

 

Accommodation

3.

lives at a boarding school or commercial boarding establishment

18,081.

 

4.

lives in private board and lodging

9,665.

 

5.

lives at home

2,670.

 

 

 

3.

The member must pay a contribution.

 

a.

For accommodation, the contribution represents the cost they were paying for the child's accommodation in Australia, on the day before the date on which the notice of posting was issued.

Note: If a child is not enrolled at a school on that day, then the amount is taken as the last day on which the child was most recently enrolled at a school.

 

b.

For tuition, the contribution represents the cost of tuition in Government schools.

4.

The member must make the contributions for accommodation in the following table.

 

Item

If, on the day before the notice of posting was issued, the child...

 

then the yearly contribution in AUD for the child is...

1.

lived at a boarding school or commercial boarding establishment

 

the amount for boarding the member would have incurred at the school or commercial boarding establishment.

2.

lived in private board and lodging

9,665.

 

3.

lived at home

2,670.

 

 

4A.

A member must pay the following amounts for tuition for each child.

 

a.

AUD 121 for primary students.

 

b.

AUD 281 for secondary students.

5.

The amount for accommodation at a boarding school is reduced by AUD 423 in the first year, if the child has not boarded at a school before.

6.

A member might need to pay an amount for the initial enrolment of the child, over and above the maximum tuition fee entitlement. The member is entitled to be reimbursed this amount.

7.

If a child has attended a school at the posting location and returns to Australia, the contribution is taken to be the amount that would be payable if the child attended a government school and lived at home. This only applies if the child has lived at the posting location for at least four months or one school term.
 
15.6.29   Remedial tuition in Australia

 

TAX ALERT: PACMATE Annex 3.B, item 133.

1.

A member is entitled to be reimbursed for the extra cost of remedial tuition if all these conditions are met.

 

a.

The tuition is for a dependent child.

 

b.

The member incurs the tuition costs.

 

c.

The child attends an Australian primary or secondary school full time.

 

d.

Cost A in this table is greater than Cost B.

 

Item

Cost

Definition

1.

Cost A

What the remedial tuition cost the member. The tuition must have been essential to allow the child to make reasonable educational progress, within the limits of the child’s ability.

2.

Cost B

What the tuition would have cost the member, if they had remained in Australia.

 

2.

In assessing Cost B, the CDF must consider all these criteria.

 

a.

The child’s educational progress.

 

b.

The nature and cost of the tuition.

 

c.

Any other factor relevant to the child’s educational welfare.

 

Persons who can make the decision under clause 15.6.29.2 on behalf of the CDF:

A person not below MAJ(E)/APS 6 who is authorised to manage Defence personnel administration at the overseas post

Senior ADF Representative at the overseas post

A person working in the Personnel Administration Centre in Southern Victoria who is:

-     Overseas Administration Team Leader

-     Personnel Administration Manager Specialist

-     Civilian and Overseas Personnel Administration Centre Manager

-     Director Personnel Administration Centre

 

Persons who can make the decision under clause 15.6.29.2 on behalf of the Secretary:

A person who is authorised to manage Defence personnel administration at the overseas post and is not below MAJ(E)/APS 6

Senior ADF Representative at the overseas post

A person working in the Personnel Administration Centre – Melbourne who is authorised to manage Defence personnel administration at overseas posts and is not below WO2(E)/APS 5
 
15.6.30   Period of reimbursement

1.

For this Division, the period of reimbursement begins on the earliest of these dates.

 

a.

The first day of the member's posting period.

 

b.

The first day of the next school term, after the member begins duty at the posting location.

 

c.

The first day of any assessment period to gain entry for the next year of schooling.

2.

The period ends on the last day of the school year after the end of the member's posting period.

Exception: If the child is in the final two years of secondary school, the period ends the on the last day of the child's secondary schooling, after the end of the member's posting period.

2A.

In spite of subclause 2, the period does not extend beyond the last day of the school year during which a member’s posting ends, unless the child meets both these conditions.

 

a.

When the posting ends, they are attending a secondary school in Australia.

 

b.

They meet the requirements of this table.

 

Item

If the child is in...

then the child must have attended secondary school in Australia...

1.

the first year of secondary school

from the beginning of the school year.

2.

any other year of secondary school

for at least four school terms before the day on which the posting ends.

 

3.

The period also ends if a parent permanently leaves the posting location to return to Australia.

4.

If any assistance continues after the end of the posting period, the assistance is provided only for the school the child attended immediately before the end of the posting period.

15.6.31   Approval only in special cases if parent lives with child in Australia

 

This subclause applies if a parent continues to live with the child in Australia after the period of assistance begins. The member is not entitled to education assistance under this Division.

Exception: Approval may be given if the CDF is satisfied that it is impracticable for the child to continue to attend the school that the child attended immediately before the period of assistance began.

 

Persons who can make the decision under clause 15.6.31, exception, on behalf of the CDF:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-     Overseas Administration Team Leader

-     Personnel Administration Manager Specialist

-     Civilian and Overseas Personnel Administration Centre Manager

-     Director Personnel Administration Centre

 

 

 

Persons who can make the decision under clause 15.6.31, exception, on behalf of the Secretary:

A person working in the Personnel Administration Centre – Melbourne who is authorised to manage Defence personnel administration at overseas posts and is not below WO2(E)/APS 5
15.6.32   Child taken to live at home in Australia

1.

This clause applies to a child if both these conditions are met.

 

a.

The member or other parent returns to Australia.

 

b.

The member or other parent begins on a day to live at the location at which a child is attending school.

2.

The child is taken to be living at home during any school term beginning after that day.

Exception: The CDF may decide that this clause should not apply for a fixed period, on the ground that in the circumstances, it is not reasonable for the child to live with that parent.

Example: A child is attending boarding school in Brisbane during a member's long-term posting. The member's spouse becomes seriously ill and returns from the post to Australia for urgent medical treatment. Although the spouse is living in the family home in Brisbane, the child continues to board at the school because the spouse is unable to provide day-to-day care. The CDF approves that this clause should not apply during the period of the spouse's medical treatment.

 

Persons who can make the decision under subclause 15.6.32.2, exception, on behalf of the CDF:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-     Overseas Administration Team Leader

-     Personnel Administration Manager Specialist

-     Civilian and Overseas Personnel Administration Centre Manager

-     Director Personnel Administration Centre

 

Persons who can make the decision under subclause 15.6.32.2, exception, on behalf of the Secretary:

A person working in the Personnel Administration Centre – Melbourne who is authorised to manage Defence personnel administration at overseas posts and is not below WO2(E)/APS 5
15.6.33   ...

 

PACMAN                                                                 AL17 (May 2012)                                  Chapter 15 – Part 6 Division 5 – 1