Division 5: Tertiary students not at member's location of residence

 

TAX ALERT: PACMATE Annex 3.A, item 138.

8.4.23   Purpose
8.4.24   Member this Division applies to
8.4.25   Rate and period of assistance
8.4.26   Applying for tertiary education assistance (This clause is policy guidance)

8.4.23   Purpose

 

This Division assists posted members with the accommodation costs of a child in tertiary education. This is only available if the child is studying away from the member's location of residence.

8.4.24   Member this Division applies to

1.

This Division applies to a member who meets both these conditions.

 

a.

The member has a child who meets all these conditions.

 

i.

They are less than 25 years old.

 

ii.

They are doing a full-time undergraduate course at a tertiary institution within Australia.

 

iii.

They are unable to take the selected course at an institution within the member's location of residence.

 

iv.

They are not eligible for Youth Allowance for an independent full-time student living away from home.

Note: A member must show a statement from Centrelink that the child is ineligible for Youth Allowance, under the Social Security Act 1991.

 

b.

The member incurs costs for the child's accommodation.

Note: Accommodation includes accommodation owned or rented by the member.

 

 

Example: Rent and utility costs.

2.

The CDF can approve assistance in special cases. This is where a student can attend an equivalent course in the member's location of residence, but the student needs to study elsewhere.

Example: The member is posted when the child has completed two years of a three-year degree in the member's former location. It would be disruptive to change universities.

3.

For subclause 2, the CDF must consider all these factors. Paragraphs d, e and f only apply if the need for assistance arises from the member's posting to a new location.

 

a.

If family members can provide support to the student.

 

b.

Factors relevant to the course of study or research, including the availability of specialist academic staff.

 

c.

The child's age, school history, educational needs, family circumstances and general welfare.

 

d.

Facilities offered by educational institutions in the former and gaining locations.

 

e.

The nature of the education system in the gaining location.

Examples: Are different subjects needed for the degree? Is assessment by coursework, exams or a combination?

 

f.

Staff advice from educational institutions in the former and gaining locations.

 

g.

The circumstances of the member's posting and the likely location of future postings.

 

h.

Any other assistance available from the Defence Community Organisation to support dependants with special needs.

See: Part 6, Dependants with special needs

 

i.

Any other disabilities of the child.

 

j.

The interests of the Commonwealth.

 

k.

Any other factor relevant to the child's educational progress.

 

Persons who can make the decision under subclause 8.4.24.2 on behalf of the CDF:

Director General Defence Community Organisation

Director Retention Program Defence Community Organisation

Manager Education Policy and Special Needs

8.4.25   Rate and period of assistance

1.

The member is entitled to be reimbursed up to $161 a week for each child for accommodation costs.

 

Exception: Rent forgone and mortgage payments relate to capital costs and will not be reimbursed as costs incurred for the child's accommodation.

2.

The period for reimbursement of these costs begins on the day the child begins tertiary education. The period ends on the earliest of these events.

 

a.

The day the child fulfils the minimum requirements to complete the course.

 

b.

After a total of three years' assistance.

Example: Three academic years, or six semesters over a number of years.

 

c.

If any change in circumstances make the child ineligible for assistance under this Division.

Example: The student becomes eligible for the independent rate of Youth Allowance.

 

d.

The day the member ceases to be entitled under this Division, for any other reason.

Example: The student withdraws from their course.

3.

A member cannot be reimbursed for any of the following.

 

a.

Accommodation costs during semester breaks.

 

b.

Accommodation costs while the member or an adult dependant lives in the student's location.

 

c.

Forgone rent.

 

 

Example: The member has a rental property which the child lives in. The member cannot claim their loss of the rent that could have been paid for the property had the child not lived there.

 

d.

Rates.

 

e.

Mortgage payments.

 

Example: The student has a lease that includes payment of rent in semester breaks.

4.

The CDF may approve accommodation costs in special circumstances. The CDF must consider all these factors.

 

a.

The child's age, school history, educational needs, family circumstances and general welfare.

 

b.

Staff advice from educational institutions in the former and gaining locations.

 

c.

The circumstances of the member's posting and the likely location of future postings.

 

d.

Any other assistance available from the Defence Community Organisation to support dependants with special needs.

See: Part 6, Dependants with special needs

 

e.

Any other disabilities of the child.

 

f.

The interests of the Commonwealth.

 

g.

Any other factor relevant to the child's educational progress.

 

Persons who can make the decision under subclause 8.4.25.4 on behalf of the CDF:

Director General Defence Community Organisation

Director Retention Program Defence Community Organisation

Manager Education Policy and Special Needs

8.4.26   Applying for tertiary education assistance (This clause is policy guidance)

 

A form is available to apply for education assistance outlined in this Division.

See: Form AD 303, Reimbursement for tertiary student accommodation.

See also: Chapter 9 Part 3 Division 6, Reunion travel for tertiary students

 

PACMAN                                                           AL12 (October 2011)                                    Chapter 8 – Part 4 Division 5 – 1