Part 8: Spouse benefits on marriage breakdown (This Part is policy guidance)

8.8.1     Overview
8.8.2     What is a marriage breakdown?
8.8.3     Removal within Australia on marriage breakdown
8.8.4     Travel within Australia on marriage breakdown
8.8.6     Overseas conditions

8.8.1     Overview

1.

This Part provides a summary of benefits a non-Service spouse or non-Service interdependent partner may be entitled to on the breakdown of their marriage. This Part does not apply to spouses or interdependent partners who are members themselves.

See:

Chapter 1 Part 3 Division 2 clause 1.3.76, definition of dependant

Chapter 1 Part 3 Division 2 clause 1.3.77, definition of spouse

Chapter 1 Part 3 Division 2 clause 1.3.77A, definition of interdependent partner

Chapter 8 Part 2, Recognition of interdependent partnerships

2.

The information in this Part is a guide only. For full conditions, use the links to other relevant chapters.

3.

As a general rule, ADF conditions of service for dependants are paid to the member. Only members can apply and it is up to them to use the payments to take care of their dependant's needs.

4.

In this Part, these conditions are different. The spouse of an ADF member may apply for the condition. If approved, the spouse or independent partner is entitled to the benefit, not the member.

Note: This does not apply to a spouse or independent partner overseas.

5.

A spouse or interdependent partner may get assistance with removal and travel costs.

6.

These benefits will only be paid once.

7.

A spouse or interdependent partner is likely to be less familiar with ADF processes than members. They may need additional help to make an application.

8.8.2     What is a marriage breakdown?

1.

For removals, marriage breakdown is defined in clause 6.0.3.

See: Chapter 6 clause 6.0.3

2.

For travel, marriage breakdown is defined in clause 9.3.16.

See: Chapter 9 Part 3 Division 2 clause 9.3.16

8.8.3     Removal within Australia on marriage breakdown

1.

This clause is not the authority for the payment of this condition. It is only a guide. Removal entitlements are authorised in Chapter 6 Part 6 Division 10.

See: Chapter 6 Part 6 Division 10, Assistance for non-service spouse on marriage breakdown

2.

Removals may include these payments. Each of these payments has conditions that are explained in Chapter 6.

 

a.

Costs of pet relocation.

 

b.

Costs of delivering and collecting a vehicle from a transporter's depot.

 

c.

Insurance and indemnity.

 

d.

Removal of furniture and effects

 

e.

Removal of one private vehicle and one towable item.

 

f.

Hire of necessary household items.

8.8.4     Travel within Australia on marriage breakdown

1.

This clause is not the authority for the payment of this condition. It is only a guide. Travel entitlements are authorised in Chapter 9 Part 3 Division 2.

See: Chapter 9 Part 3 Division 2, Travel on breakdown of marriage or interdependent partnership.

2.

If an application is approved, a spouse or interdependent partner is entitled to these benefits.

 

a.

Travel to the same location as their removal at Commonwealth expense. Travel is paid for the spouse or interdependent partner and any of the member's dependants who are moving. It is usually by the most economical method. Approval may be given for air travel instead, or travel by private vehicle.

 

b.

If it is necessary for there to be a break in the journey, an amount may be paid for accommodation.

 

c.

The cost of meals for the spouse or interdependent partner and the member's dependants during their journey.

 

d.

Pet relocation costs.

 

e.

In some circumstances, baggage costs.

8.8.5     How to apply for conditions in Australia

 

A spouse or interdependent partner may contact the Defence Housing Australia on 1800 249 711 to ask about these conditions. More detailed information is in Chapter 6 Part 6 Division 10 clause 6.6.73, How to claim.

8.8.6     Overseas conditions

1.

This clause is not the authority for the payment of this condition. It is only a guide. Entitlements are authorised in Chapter 14 Part 3 Division 6 clause 14.3.27, Ceasing to be a member with dependants overseas.

2.

The entitlement is as follows.

 

a.

Removal of items from the overseas posting location may be made to where the spouse intends to live in Australia.

 

b.

Removal may be made to other locations in Australia but the cost will not be more than the cost of paragraph a.

 

c.

In some circumstances, storage may be approved.

 

d.

The spouse or interdependent partner and children are entitled to travel to Australia.

See: Chapter 14 Part 4 Division 4 clause 14.4.16, Dependants not travelling with member

3.

These conditions are paid to the member. The spouse or interdependent partner should ask the member to apply on their behalf.

4.

Members should apply at their post. If members are unwilling to apply, the spouse or interdependent partner may contact the post to explain the situation.

 

PACMAN                                                             AL7 (July 2007)                                                  Chapter 8 – Part 6 – 1