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Part 6 : Payment of entitlements in special circumstances

1.6.1 Dual entitlement – member's adult dependant is also a member

  1. This section applies if both these conditions are met.

    1. A member's adult dependant is also a member.

    2. Both members have any of the benefits in this table for the same period.

      Item Benefit Reference
      1. Disturbance allowance Chapter 6 Part 1 Division 1
      2. Reimbursement for childcare on removal Chapter 6 Part 1 Division 2
      3. Assistance or reimbursement for home purchase or sale Chapter 7 Part 3
      4. Reimbursement for loss on sale of furniture and effects Chapter 6 Part 2 section 6.2.2
      5. Reimbursement for loss on sale of a vehicle Chapter 6 Part 2 section 6.2.4
      6. Reimbursement for cost of insurance on removal of urgently needed household items Chapter 6 Part 4 section 6.4.8
      7. Reimbursement for education costs for a child Chapter 8 Part 4
      8. Reimbursement in place of a child's scholarship

      Chapter 8 Part 4 Division 3

  2. This table sets out how the benefit is provided.

    How benefit is provided
    Item If the members... then the benefit is provided to the member who...
    1. jointly nominate one of them to receive the entitlement is nominated.
    2. do not jointly nominate one of them to receive the benefit, and they:
    1. hold different ranks
    has the higher rank
    1. hold the same rank
    has the greater seniority in the rank.
  3. A member may have a benefit listed in subsection 1 while their adult dependant has a similar benefit that is not under Chapters 1 to 11. In this case, the listed benefit is reduced by the amount of the similar benefit.

    Example: A member is eligible for disturbance allowance under Chapter 6 Part 1 Division 1. Their spouse is an APS employee in Defence. The member's eligibility for the allowance is reduced by any amount the adult dependant gets for similar purposes under DECA section H2, Relocation assistance.

    Note: The following provisions in other Chapters provide special rules about situations where a member and their adult dependant both have the same eligibility. Those special rules may override this section.

    1. Indemnity for loss or damage arising from removal within Australia.

      See: Chapter 6 Part 4, Compensation for loss or damage to items stored or removed

    2. Trainee's dependant allowance.

      See: Chapter 4 Part 8 Division 1

  4. WARNING: This section does not apply in relation to housing assistance. Special rules apply to dual entitlement for the following housing benefits – see Chapter 7.

    Housing benefits
    Item Benefit Reference
    1. Temporary accommodation allowance

    Chapter 7 Part 5 Division 5 section 7.5.30

    2. Contribution for Service residence Chapter 7 Part 6 Division 9 section 7.6.54
    3. Rent allowance Chapter 7 Part 8 Division 4 section 7.8.24
  5. WARNING: This section does not apply in relation to overseas conditions of service. Special rules apply to dual entitlement for the following overseas allowances and other conditions – see Chapters 14 to 16.

    Overseas benefits
    Item Benefit Reference
    1. Overseas removals and related benefits Chapter 14 Part 3
    2. Settling in and settling out overseas – meal costs Chapter 14 Part 5
    3. Overseas living allowances Chapter 15 Part 2
    4. Hardship allowance Chapter 16 Part 2
    5. Assisted leave travel Chapter 16 Part 4

1.6.2 Payment of benefit to another person

  1. A member may seek to have their benefit paid to their adult dependant or another person. These conditions apply.

    1. The member must nominate in writing the person to receive the payment on their behalf.

    2. The other person must consent to the disclosure of their personal or financial information, and to receiving the payment.

    3. The member must provide the alternative payment details.

    Example: A member who is deployed has to pay rent at home. They may choose to have their rent allowance paid to their adult dependant, who will arrange the rent payments on their behalf.

  2. Alternatively, the benefit will be paid as specifically provided for under another Chapter.

1.6.3 Payment of amount to a person under legal disability

  1. This section applies if an amount is payable to a person who has a legal disability.

    Examples: A child under 18 years old. A member who is seriously injured and unable to act on their own behalf.

  2. The amount may be paid to a trustee appointed by the CDF to act on behalf of the person. The CDF must consider any instructions the member gave before the legal disability began.

  3. Both these conditions apply to an amount paid to a trustee under subsection 2.

    1. The trustee will hold it on trust for the benefit of the person in accordance with any directions of the CDF.

    2. It is taken to have been paid to the person.

Persons who can make the decisions under subsection and paragraph on behalf of the CDF:
Director General Defence Community Organisation

1.6.4 Payment of amounts on death of a member

  1. An amount payable to a member on their death may be paid to either of these parties.

    1. The member's dependants.

    2. The member's legal personal representative, if both these conditions are met.

      1. The member has no dependant.

      2. The CDF considers it appropriate.

  2. The amount may be payable to more than one dependant. In this case, the CDF must consider the losses each dependant suffers through the loss of the member's earnings.

  3. A payment should be made under subsection 1 within 12 months after the member's death. If it is not, the amount must be paid to the member's legal personal representative.

  4. If no-one is eligible for a payable amount, no payment will be authorised.

Persons who can make the decisions under subparagraph and subsection on behalf of the CDF:
Director General Defence Community Organisation

1.6.5 Effect of death on eligibility for salary and allowances

  1. For the purpose of payment of salary or allowances, a member is taken to have ceased continuous full-time service when the member is in either of the following situations.

    1. The member has died.

    2. The member is missing and presumed dead.

      Exception: If the member is later found alive, the period for which the member was missing is taken not to break their service.

      Example: A member was deployed on overseas service on 31 August 2010.
      The member was reported missing, presumed dead, on 30 June 2011 but was later found alive on 30 April 2012.
      For the 10 months when the member was missing, presumed dead (30 June 2011 – 30 April 2012), they would not normally be entitled to payment of salary as their continuous full-time service was taken to have ceased. But because the member was later found, they were considered to be on continuous full-time service for that period and therefore entitled to salary.

  2. If a certificate of death has not been provided to state a date of death or presumed death for a member under a relevant Commonwealth, State or Territory law, then for the purpose of the benefits provided under this Determination, the CDF, a Service Chief or the Director- General Defence Community Organisation may determine that a member died on a particular date.

    See: Chapter 11 Part 3, Payment of financial benefits on death

Application to Reservists: Yes, in certain circumstances.

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