1.6.1 Dual
entitlement – member's adult dependant is also a member
1.6.2 Payment
of entitlement to another person
1.6.3 Payment
of amount to a person under legal disability
1.6.4 Payment
of amounts on death of a member
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1. |
This clause applies if both these conditions are met. |
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a. |
A member's adult dependant is also a member. |
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b. |
Both members have any of the entitlements in this table for the same period. |
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Item |
Entitlement |
Reference |
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1. |
Disturbance allowance |
Chapter 6 Part 1 Division 2 |
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2. |
Reimbursement for childcare on removal |
Chapter 6 Part 1 Division 3 |
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3. |
Assistance or reimbursement for home purchase or sale |
Chapter 6 Part 2 |
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4. |
Reimbursement for loss on sale of furniture and effects |
Chapter 6 Part 3 clause 6.3.2 |
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5. |
Reimbursement for loss on sale of a vehicle |
Chapter 6 Part 3 clause 6.3.4 |
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6. |
Reimbursement for cost of insurance on removal of urgently needed household items |
Chapter 6 Part 5 clause 6.5.8 |
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7. |
Reimbursement for education costs for a child |
Chapter 8 Part 4 |
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8. |
Reimbursement in place of a child’s scholarship |
Chapter 8 Part 4 Division 3 |
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2. |
This table sets out how the entitlement is provided. |
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Item |
If the members… |
then the entitlement is
provided to |
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1. |
jointly nominate one of them to receive the entitlement |
is nominated. |
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2. |
do not jointly nominate one of them to receive the entitlement, and they: |
_ |
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a. hold different ranks |
has the higher rank |
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b. hold the same rank |
has the greater seniority in the rank. |
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3. |
A member may have an entitlement listed in subclause 1 while their adult dependant has a similar entitlement that is not under Chapters 1 to 11. In this case, the listed entitlement is reduced by the amount of the similar entitlement. |
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Example: A member is entitled to disturbance allowance under Chapter 6 Part 1 Division 2. Their spouse is an APS employee in Defence. The member's entitlement to the allowance is reduced by any amount the adult dependant gets for similar purposes under DECA clause H2, Relocation assistance. |
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Note: The following provisions in other Chapters provide special rules about situations where a member and their adult dependant both have the same entitlement. Those special rules may override this clause. |
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a. |
Indemnity for loss or damage arising from removal
within See: Chapter 6 Part 5, Compensation for loss or damage to items stored or removed |
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b. |
Trainees' dependant allowance. See: Chapter 4 Part 7 Division 1 |
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4. |
WARNING: This clause does not apply in relation to housing assistance. Special rules apply to dual entitlement for the following housing entitlements – see Chapter 7. |
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Item |
Entitlement |
Reference |
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1. |
Temporary accommodation allowance |
Chapter 7 Part 4 Division 5 clause 7.4.27 |
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2. |
Contribution for Service residence |
Chapter 7 Part 5 Division 9 clause 7.5.55 |
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3. |
Rent allowance |
Chapter 7 Part 6 Division 4 clause 7.6.22 |
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5. |
WARNING: This clause 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. |
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Item |
Entitlement |
Reference |
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1. |
Overseas removals and related entitlements |
Chapter 14 Part 3 |
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2. |
Settling in and settling out overseas – meal costs |
Chapter 14 Part 5 |
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3. |
Overseas living allowance |
Chapter 15 Part 2 |
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4. |
Hardship allowance |
Chapter 16 Part 2 |
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5. |
Assisted leave travel |
Chapter 16 Part 4 |
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1. |
A member may seek to have their entitlement paid to their adult dependant or another person. These conditions apply. |
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a. |
The member must nominate in writing the person to receive the payment on their behalf. |
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b. |
The other person must consent to the disclosure of their personal or financial information, and to receiving the payment. |
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c. |
The member must provide the alternative payment details. |
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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. |
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2. |
Alternatively, the entitlement will be paid as specifically provided for under another Chapter. |
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1. |
This clause 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. |
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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. |
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3. |
Both these conditions apply to an amount paid to a trustee under subclause 2. |
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a. |
The trustee will hold it on trust for the benefit of the person in accordance with any directions of the CDF. |
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b. |
It is taken to have been paid to the person. |
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Persons who can make the decisions under subclause 1.6.3.2 and paragraph 1.6.3.3.a on behalf of the CDF: Director General Defence Community Organisation |
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1. |
An amount payable to a member on their death may be paid to either of these parties. |
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a. |
The member’s dependants. |
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b. |
The member’s legal personal representative, if both these conditions are met. |
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i. |
The member has no dependant. |
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ii. |
The CDF considers it appropriate. |
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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. |
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3. |
A payment should be made under subclause 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. |
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4. |
If no-one is entitled to a payable amount, no payment will be authorised. |
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Persons who can make the decisions under paragraph 1.6.4.1.b and subclause 1.6.4.2 on behalf of the CDF: Director General Defence Community Organisation |