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Division B.3: Separation allowance

From DFRT Determination No. 11 of 2013

B.3.1 Purpose

Separation allowance compensates members for the time they spend away from their dependants for Service reasons. It recognises the effects on the member of separation from home and the additional costs that could be incurred due to that separation.

B.3.2 Definitions

This table defines terms used in this Division.

Definitions
Term Definition
Member with dependants

Has the meaning given in Defence Determination 2016/19, Conditions of service, as in force from time to time.

See: Chapter 1 Part 3 Division 2, Dependants and categorisation

Member with dependants (unaccompanied)
Member without dependants

B.3.3 Member this allowance applies to

Separation allowance may apply to a member who is in any of the following categories.

  1. A member with dependants (unaccompanied).

  2. A member with dependants.

B.3.4 Member this allowance does not apply to

Separation allowance does not apply to a member for any period in which the member is in any of the following circumstances.

  1. The member is paid salary under a determination made by the Remuneration Tribunal under the Remuneration Tribunal Act 1973.

  2. The member holds the rank of Lieutenant-General or General.

  3. The member is staying in hospital in the location where their dependants live.

G4.2 The effect of subsection A.1.7.3 is that the member cannot receive separation allowance unless they are being paid a salary.

See: Part A, Administration

B.3.5 Conditions for eligibility

  1. A member on continuous full-time service is eligible for payment of separation allowance if any of the following paragraphs are met.

    1. The member is categorised as a member with dependants (unaccompanied) and the member is required to perform duty for a continuous period of more than 60 calendar days away from the location where their dependants live.

    2. Note: Periods of time off duty and leave of up to 45 days do not break continuity of the qualifying period of 60 days.

    3. The member is a member with dependants and all of the following circumstances apply.

      1. The member is required to perform duty for a continuous period of more than 60 calendar days away from the location where their dependants live.

      2. The member is not categorised as a member with dependants (unaccompanied).

      3. The member is not eligible for an allowance listed in paragraph c.

    4. The member is a member with dependants and eligible for any of the following.

      1. An annual rate of maritime disability allowance under Division B.9 of this Determination.

      2. An annual rate of Special Forces disability allowance under section B.12.7, table items 1 to 9, of this Determination.

      3. A daily rate of Special Forces disability allowance under subsection B.12.8.1, table items 1 to 8, and 13 to 14, of this Determination.

      See: Division B.12, Special Forces disability allowance

    5. The member meets both of the following conditions.

      1. The member is categorised as a member with dependants (unaccompanied) and the member is required to perform duty for a continuous period of more than 60 calendar days away from the location where their dependants live.

      2. The member is eligible for an allowance listed in paragraph c.

      3. Note: Periods of time off duty and leave of up to 45 days do not break continuity of the qualifying period of 60 days.

        Exception: If the member is recategorised as a member with dependants before the qualifying period of 60 days, then the member may be eligible for the allowance under paragraph B.3.5.1.c.

      Note: A member's eligibility is not affected when the member's partner is also eligible for the allowance.

  2. While a member who is eligible under paragraph B.3.5.1.c continues to be eligible for the allowances referred to in that paragraph, the member cannot qualify for eligibility under paragraphs B.3.5.1.a or B.3.5.1.b, even if they meet the qualifying period.

B.3.6 Annual rates of allowance

  1. If the member must meet a qualifying period before becoming eligible for the allowance, then on the day the member completes the time period set out for their eligibility class, separation allowance becomes payable from the first day of the qualifying period.

  2. An eligible member is to be paid the annual rate of separation allowance as set out in the following table.

  3. Annual rates of allowance
    Item A member on continuous full-time service who has met the conditions of eligibility under this paragraph... is to be paid...
    1. B.3.5.1.a the annual rate listed for item 3, table 1 in Part F of this Determination.
    See: Part F, Allowance rates
    2. B.3.5.1.b
    3. B.3.5.1.c the discounted annual rate listed for item 4, table 1 in Part F of this Determination.
    4. B.3.5.1.d the annual rate listed for item 3, table 1 in Part F of this Determination.
  1. If a member is eligible for an allowance listed in paragraph B.3.5.1.c becomes eligible under B.3.5.1.d, the member may be eligible for a special rate as set out in the following table.

  2. Special rates
    If a member initially met the conditions of eligibility under... and after a period of separation the member meets the conditions of eligibility under... then the member is to be paid the sum of the following amounts, worked out for the periods specified...

    paragraph B.3.5.1.c

    paragraph B.3.5.1.d

    a. For the first 60 days of separation – the discounted annual rate listed for item 4, table 1 in Part F of this Determination, plus the difference between that discounted rate and the annual rate listed for item 3, table 1 in Part F of this Determination; and

    b. From day 61 – the annual rate listed for item 3, table 1 in Part F of this Determination.

    See: Part F, Allowance rates

B.3.7 Events that end eligibility

  1. A member ceases to be eligible for separation allowance under paragraph B.3.5.1.a, B.3.5.1.b or B.3.5.1.d (whichever is relevant) from the day on which any of the following events occur.

    1. The period of continuous duty that the member was required to perform in order to become eligible, ends.

    2. Note: If the member starts another period of continuous duty away from the location where the dependants live, the member is required to requalify.

    3. The member ceases to be a member with dependants or member with dependants (unaccompanied) for a period of more than 45 days.

    4. The member is at their home location or otherwise absent from their place of duty for a period of more than 45 days.

  2. A member ceases to be eligible for separation allowance under paragraph B.3.5.1.c if the member meets either of the following conditions.

    1. The member ceases to be eligible for an allowance described in paragraph B.3.5.1.c.

    2. The member ceases to be a member with dependants for a period of more than 45 days.

    3. Exception: The member continues to be eligible for payment under B.3.5.1.c if B.3.6.3 applies.

B.3.8 Payment during periods of leave

Payment of this allowance ends after 45 continuous days of paid leave for members eligible under paragraphs B.3.5.1.a, B.3.5.1.b or B.3.5.1.d. This is because the specific rule in section B.3.7 limits the general rule in subsection A.1.7.5.

See: Part A, Administration

B.3.9 Interactions with other allowances

Eligibility for separation allowance does not exclude eligibility for any other allowance.

B.3.10 ...

B.3.11 ...

Application to Reservists: Yes, in certain circumstances approved by the Tribunal.



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