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Division 2: Dependants and categorisation

For other defintions, see Chapter 1 Part 3 Division 1


Warning – different definition overseas conditions of service

The term dependant is defined differently for overseas conditions of service. That definition is in Chapter 12.

See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.

Subdivision 1: Household member definitions

1.3.80 Purpose

  1. The Commonwealth provides benefits to assist a member's family with costs arising out of Service needs. Most benefits are provided only for family members who are also dependants living in the same household as the member.

  2. The purpose of this Division is to identify the relationships that might give rise to eligibility for Defence benefits.

  3. Exception: Not all of the people in a member's family group are included in dependant definitions. Those people excluded are not usually eligible for Defence benefit purposes.

  4. The definitions, concepts and categorisations referred to in the following table apply to members and their dependants.

  5. Definitions, concept or categorisation
    Item Definition, concept or categorisation Reference
    1. Describe different relationships between a member and other people.
    a. Child. Section 1.3.81
    b. Spouse. Section 1.3.92
    c. Partner. Section 1.3.88
    d. Couple. Section 1.3.82
    e. Non-Service spouse and non-Service partner. Section 1.3.86
    2. Define the living arrangements that may make a person eligible for benefits from Defence.
    a. Normally lives with. Section 1.3.87
    3. Define which people are a member's dependants for Defence benefit purposes.
    a. Dependants. Section 1.3.83
    b. Dependant with special needs. Section 1.3.84
    c. Dependants recognised by CDF. Section 1.3.85
    4. Describe the category a member is in for Defence benefit purposes.
    a. Member without dependants. Section 1.3.94
    b. Member with dependants. Section 1.3.95
    c. Member with dependants (unaccompanied). Section 1.3.96
  6. Despite anything the member tells Defence, CDF may examine whether the member or a person in their family meets any of the definitions in this Part and make an assessment as to whether the member or other persons are eligible for benefits on that basis.

  7. In addition to any statement and evidence provided by the member, the CDF may ask for further information if they consider it is necessary to do either of the following.

    1. Verify the member's statement of relationship in any form that requires dependant information.

    2. Recognise dependants for whom the member is applying for categorisation, or a change in category.

  8. The member must provide accurate information and advise of any changes to family circumstances relevant to their eligibility for a category.

  9. See: Part 5 section 1.5.2, Obligation to provide accurate information

  10. A member's dependant may provide information in relation to a benefit Defence has provided. Defence may use this information to ensure that correct benefits are provided in relation to the member's service.

  11. Recruiting staff and Commanding Officers are to ensure the applicant has access to forms that can be used to notify Defence about their family and dependants, including their primary emergency contact and their next of kin information.

    1. The 'normally lives with' requirement set out in section 1.3.87 and 1.3.83.

    2. The tests to be a CDF recognised dependant under section 1.3.85.

    See:
    Section 1.3.83, Dependants
    Section 1.3.85, Dependants recognised by CDF

1.3.81 Child

  1. Child includes the following persons under 21 years of age.

    1. A child recognised for the purposes of Part 7 Division 1 Subdivision D of the Family Law Act 1975.

    2. See: Family Law Act 1975

      Examples:
      i. A child of the member.
      ii. A child of the member's spouse or partner.
      iii. An adopted child.

    3. A child with a permanent care order issued by a court order that places them in the member's care.

    4. Note: A permanent care child is different to a child under a short-term foster care arrangement. A child on a short-term foster placement might live in the member's home with them but is not included as a dependant for the purpose of Defence benefits, unless they become a CDF recognised dependant.

    Note: To be considered a dependant of the member for Defence benefit purposes, a child must also meet either or both of the following.

    1. The 'normally lives with' requirement set out in section 1.3.87 and 1.3.83.

    2. The tests to be a CDF recognised dependant under section 1.3.85.

    See:
    Section 1.3.83, Dependants
    Section 1.3.85, Dependants recognised by CDF

  2. The age limit in subsection 1 does not apply for a child who is an invalid or has a disability.

  3. Note: Chapter 8 provides some benefits for tertiary students who do not meet this definition because they are too old for this special measure for children.

1.3.82 Couple

A couple means a member and their spouse or partner.

1.3.83 Dependants

  1. Any of the following persons who normally lives with a member is taken to be the member's dependant for Defence benefit purposes.

  2. See: Section 1.3.87, Normally lives with

    1. The member's spouse.

    2. See: Section 1.3.92, Spouse

    3. The member's partner.

    4. See: Section 1.3.88, Partner

    5. The child of a member, defined in section 1.3.81.

    6. Note 1: The definition in section 1.3.81 is broad and inclusive.

      Note 2: A child who does not normally live with the member may be a dependant recognised by CDF under section 1.3.85.

      Exception: A child who remains in a losing location without other adult dependants of the member is taken not to be a dependant because the child has ceased to be part of the member's household.

      Example: The member is posted and moves away from the losing location. The child moves in with their grandparents to continue with employment. The child has ceased to be part of the member's household.

    7. A child of a member, spouse or partner who meets both the following circumstances.

      1. The child is absent from the member's home only because the child is in full-time education. This can be primary, secondary or undergraduate tertiary education.

      2. The child is under 21 years of age.

    8. An adult acting as a guardian or housekeeper, if the member has a dependent child and any of these other conditions are met.

      1. The member has no spouse or partner.

      2. The member's spouse or partner is an invalid or has a disability.

      3. The member's spouse or partner is either a member serving at another posting location or a non-Service spouse or partner living away from the family home.

  3. A person who is a dependant under section 1.3.84 or 1.3.85 is taken to normally live with the member, even if the ground on which they are recognised precludes their living with the member for a period.

  4. A different definition of dependant is used for members on short-term duty overseas and members on overseas long-term postings.

  5. Exception: Members on deployment rely on the same dependant definitions as members in Australia. The deployment is not considered an overseas posting.

    See: Chapter 12 Part 3 section 12.3.5, Dependant

1.3.84 Dependant with special needs

  1. In this section a decision maker means one of the following.

    1. Director General Defence Community Organisation.

    2. Director National Operations Defence Community Organisation.

  2. A dependant with special needs is a person who meets both of the following conditions.

    1. The decision maker has recognised the person for Defence benefit purposes under subsection 4.

    2. The dependant has been assessed or recognised for the purpose of a condition, in accordance with the following table.

    Dependant with special needs
    Item Special needs condition Person who must assess or recognised the condition The dependant must meet these qualifying criteria
    1. Physical. A specialist medical practitioner. Not applicable.
    2. Intellectual.
    3. Sensory.
    4. Multiple imparements.
    5. Medical condition, illness or disability.
    6. Speech or language disorders. Either of the following.
    a. A specialist medical practitioner.
    b. A paramedical practitioner.
    Example: A speech therapist.
    7. Social, emotional or behavioural. Either of the following.
    a. A specialist medical practioner.
    b. A psychologist.
    8. Specific learning difficulties.
    9. Academically gifted or talented. A psychologist with qualifications and experience in assessing children. The child must achieve a score at or above the 95th percentile on either of the following.
    a. Any individual or group IQ test.
    b. A subscale of an individual IQ test.
  3. A member must do all of the following to have a dependant recognised as a dependant with special needs.

    1. Apply using Form AC832.

    2. Include copies of relevant supporting documents with the application.

    3. Send the completed application to the Defence Community Organisation.

  4. The decision maker will decide if the member's application for the recognition of a dependant with special needs is approved or not approved. A letter stating the decision will be forwarded to the following people.

    1. The member.

    2. The member's unit.

    3. Defence Housing Australia.

    4. The career managers of the member's Service.

  5. Recognition under this section is valid until the circumstances on which the application was granted change. The member must advise the Defence Community Organisation in writing of any change that may affect eligibility.

1.3.85 Dependants recognised by CDF

  1. The CDF may recognise a person as a dependant on the basis that the person has an interdependent relationship with a member. The CDF must have regard to the following factors.

    1. Whether the person has a close personal relationship to the member. The CDF may consider any of the following circumstances, or any other relevant facts.

      1. Whether the relationship is permanent. This can include any evidence to show that the parties intend the relationship to be permanent.

      2. Example: A non-dependent child who is orphaned may be recognised as a dependant under this section while the member applies to adopt the child. Once the adoption is finalised, the child will fall under the ordinary definitions of 'child' and 'dependant' in this Division.

      3. Ownership, acquisition and use of property.

      4. The degree of mutual commitment to a shared life.

      5. The care and support of children.

      6. The reputation and public aspects of the relationship.

      7. Example: A statutory declaration that the relationship is one of interdependency.

      8. The degree of emotional support.

    2. Whether the person lives with the member.

    3. Whether the person is unable to live with the member because of an intellectual, physical or psychiatric disability.

    4. Non-example: A member's parent has lived independently, not living with the member as a dependant and then moves into an aged care facility. The parent is not eligible to be recognised as the member's dependant, although the member may have power of attorney for the parent.

      Example: A member's aged mother is recognised as a dependant. The member looks after his mother in the member's home. The mother moves permanently to an aged care facility. The mother remains the member's dependant.

      See: Section 1.3.84, Dependant with special needs

    5. Whether the member provides the person with substantial financial support.

    6. Non-example: A member's parent who receives the aged pension, is in average health and is renting their own home is not a dependant.

    7. Whether one or each of them provides the other with interdependent support and personal care.

    8. Examples:
      1. A member's parent is of pensionable age and suffering from a disabling illness. They are dependant on the member to provide a home and care.
      2. A person has medical conditions for which the member provides care. The person is able to show evidence from their doctor to support this.

  2. The CDF may recognise a child as a dependant if the child is expected to live with the member at their posting location for less than 90 nights a year. The CDF must consider all the following criteria.

    1. The arrangements for the child's contact or residence with the member.

    2. The member's access to the child.

    3. The distance and transport between the child's location and the member's location.

    4. The nature and extent of the member's Service commitments.

    5. Other factors that may be relevant to the relationship of the child and the member.

  3. The CDF may recognise a member's live-in carer as a dependant for one or more of the benefits listed in the following table. The CDF must be satisfied that both the following circumstances apply.

    1. The live-in carer is for the member.

    2. The live-in carer is included on the member's rehabilitation plan.

    Benefits
    Item Benefit Reference
    1. Removal Chapter 6 Part 5
    2. Service residence Chapter 7 Part 6
    3. Rent allowance Chapter 7 Part 8

    Persons who can make the decisions under subsection 1.3.85.1, subsection 1.3.85.2 and subsection 1.3.85.3 on behalf of the CDF:
    Director General Navy People
    Director Navy Personnel Policy Governance
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force
    Deputy Director Personnel Policy – Air Force

  4. The recognition of a live-in carer as a dependant under subsection 3 stops when the member no longer needs the carer.

  5. The CDF may recognise a person who does not normally live with the member as a dependant for Defence benefit purposes. Both the following conditions must be met.

    1. The person must be eligible to be recognised as a dependant had they normally lived with the member.

    2. See: Section 1.3.83, Dependants

    3. It must be reasonable having regard to Service requirements.

    Example 1: If a couple is not able to live together because of Service reasons, such as a requirement to live-in, the CDF may recognise the couple as dependants of each other for Defence benefit purposes.

    See: Section 1.3.96, Member with dependants (unaccompanied)

    Example 2: Two members form a couple and ask their career managers for a posting in the same location so that they can live together. Their Service cannot post them together for operational reasons. The CDF recognises one member as a member with dependants and that member maintains a family home. The other lives in as member with dependants (unaccompanied).

    Non-example: Two members consider themselves a couple but have never sought to be posted together or to form a common household. Their separation is not for Service reasons. There is no evidence that they would normally live together if not for the posting. The CDF does not recognise the couple for benefit purposes and they remain categorised as members without dependants, with no access to housing benefits. They are, however, listed on the system as a couple for personal emergency contact and notification purposes.

    Persons who can make the decision under subsection 1.3.85.5 on behalf of the CDF:
    Director General Navy People
    Director Navy Personnel Policy Governance
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force
    Deputy Director Personnel Policy – Air Force
    For recruiting applicants only (Army only):
    Commandant Army Recruit Training Centre

  6. The CDF must not recognise a person as a dependant under this section if satisfied that any of the following circumstances apply.

    1. The person's relationship with the member is one of mere convenience.

    2. Examples:
      1. A member's 22-year-old child who is unemployed lives with the member for reasons of convenience, not interdependency.
      2. A person who acts as a housekeeper or guardian to a dependent child, when the member and spouse live together and are both working.
      3. A member's parent is of pensionable age and looks after the member's children at the member's home but is otherwise able to live independently.

    3. There is alternative support, care or accommodation available to the person.

    4. Example: A member looks after their grandchild while the child's mother is on holiday overseas. The child's father is working but does not want to pay for child care. The CDF determines that the child is not a dependant of the member since the child's parents remain responsible for the child's care and support.

      Non-examples:
      1. A member's grandchild has been orphaned. The member has assumed primary care of the child. The child has no other source of care or support. The CDF determines that the grandchild is a dependant of the member.
      2. A member's son has become permanently incapacitated after a car accident. The member's son was the primary carer of his child. The member has assumed care of their grandchild because they are the child's closest relative and have applied for legal guardianship. The CDF determines that the child has no other source of care or support, and is a dependant of the member.

    5. The person is a resident child carer living with the member's family but is not otherwise a dependant of the member.

    6. See: Chapter 7 Part 1 Division 3 section 7.1.14, for the definition of resident child carer

  7. The following arrangements apply where a person is not recognised as a dependant under this Division.

    1. The member may make their own arrangements for the person.

    2. The Commonwealth does not provide any dependant benefits under this Determination in relation to that person, unless a specific provision allows a benefit to be given.

1.3.86 Non-Service spouse and non-Service partner

A non-Service spouse or non-Service partner is a member's spouse or partner who is not a member.

1.3.87 Normally lives with

  1. To assess whether a person normally lives with a member as a dependant either of the following can be considered.

    1. Nights the person has lived in a home with the member.

    2. Nights the person is reasonably expected to live in a home with the member.

  2. For a child, the total of paragraphs 1.a and 1.b must be at least 90 nights a year at the posting location.

  3. Exception: The child is recognised as a dependant under subsection 1.3.85.2.

    See: Section 1.3.85, Dependants recognised by CDF

  4. If a person ceases to normally live with a member and the person is no longer expected to live with the member for the purpose of subsection 1, the person ceases to be a dependant of the member under this Determination.

  5. Exception: A spouse, de facto partner or a dependant recognised by CDF under section 1.3.85 or the decision maker under section 1.3.84, might be recognised as a dependant, despite a temporary separation. The rule in subsection 3 would not stop the person being recognised as dependant even during the period of the temporary separation.

    Exception examples: Service partners who can't live together for Service reasons or a person who is unable to live with the member because they require institutional care.

1.3.88 Partner

Partner means a person who is in either of the following circumstances.

  1. A registered relationship prescribed by the law of a State or Territory.

  2. Example: A civil partnership.

  3. A de facto relationship, in which the member and their partner live together on a genuine domestic basis.

1.3.89 Partner – de facto

  1. A de facto partner is a member of a couple who live together on a genuine domestic basis, in accordance with section 2F of the Acts Interpretation Act 1901.

  2. Note 1: A list of circumstances offering guidance as to whether a couple are living together on a genuine domestic basis can be found in sections 2D, 2E and 2F of the Acts Interpretation Act 1901. They may include any of the following circumstances, or other relevant facts.

    1. The duration of the relationship.

    2. The nature and extent of their common residence.

    3. Whether a sexual relationship exists.

    4. The degree of financial dependence or interdependence, and any arrangements for financial support, between them.

    5. The ownership, use and acquisition of their property.

    6. The degree of mutual commitment to a shared life.

    7. The care and support of children.

    8. The reputation and public aspects of the relationship.

    Note 2: It is not necessary for a couple to show they meet every circumstance in order to be regarded as living together on a genuine domestic basis. No particular finding in relation to any circumstance is necessary in determining whether two persons have a relationship as a couple.

    Note 3: Both the member and the partner are not related by family and both are over the age of consent applicable in the State or Territory in which they live.

  3. A member may wish to access Defence benefits on the basis that they have a de facto partner. The member may apply for recognition by completing the relevant Defence form.

    1. The member must state in their application the length of time they have lived together with their partner.

    2. The member must attach at least one piece of evidence that demonstrates they are living with their partner on a genuine domestic basis.

    3. Notes:
      1. The 'preferred' piece of evidence is a document showing that the member and their partner live together in a home at the member's posting location. For example, a rental agreement or mortgage papers. This sort of evidence is preferred because it could also satisfy the 'normally lives with' test that must be satisfied for categorisation of the member, later in the process. However, evidence of any other relevant circumstances could be provided.
      2. The member may choose to provide additional evidence to support their statement of relationship when submitting forms that require dependant information.
      3. The member's statement on a form that they are in a de facto relationship is relied on to decide the level of benefits provided to the member and their partner. Any false or misleading statement in connection with a benefit may be investigated and may lead to disciplinary action.

  4. To avoid doubt, an application may be approved in relation to a period immediately preceding the application date.

  5. Note: Approval of a past period may require adjustment of allowances and benefits and this may result in recovery action, with the member or their partner having to repay benefits to Defence or other Commonwealth agencies.

  6. The CDF must accept the member's statement unless it is reasonable to believe there is a need for more information.

  7. The CDF may make any of the following decisions about the application.

    1. The CDF may recognise the couple relationship for Defence benefit purposes.

    2. The CDF may request further information if they consider it is necessary to do either of the following.

      1. Verify the member's statement of relationship on any form that requires information about dependants.

      2. Recognise dependants in relation to whom the member is applying for categorisation or to change a category.

    3. The CDF may refuse to recognise the couple relationship for Defence benefit purposes. The CDF must provide reasons to the member.

    Persons who can make the decision under subsection 1.3.89.5 on behalf of the CDF:
    In respect of an application for recognition from the date of application:
    Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command.
    For recruiting applicants only:
    Officers not below the rank of CAPT(E) or WO1(E)
    Commandant Army Recruit Training Centre (Army only)
    In respect of an application for recognition from the date of application, including retrospective approval:
    Director General Navy People
    Director Navy Personnel Policy Governance
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force
    Deputy Director Personnel Policy – Air Force

  8. To avoid doubt, where the CDF refuses to recognise the relationship for Defence benefit purposes, the member may not be categorised as a member with dependants on the basis of that relationship. This means they may not receive Defence benefits provided to people defined as dependants (under section 1.3.83) on the basis of that relationship.

  9. Note 1: Even without a de facto partner, a member may still be categorised as a member with dependants on the basis that other dependants live with them, for example, the member's dependant parent, recognised under section 1.3.85.

    Note 2: Although a person may not meet the requirements to establish a couple relationship, they may still seek recognition as a CDF-recognised dependant under section 1.3.85.

    See: Section 1.3.85, Dependants recognised by CDF

  10. In refusing to recognise a couple relationship for Defence benefit purposes, the CDF must not take into account any factors that are irrelevant to that decision.

  11. Example: The member's rank or employment category, personal choices, religion.

  12. Approval or refusal of an application based on whether or not the member meets the definition in this section is taken to be both of the following.

    1. A decision point which may be the subject of a complaint for redress.

    2. An exercise of discretion.

  13. To avoid doubt, the CDF may decide that a member falls in or out of the definition of a couple relationship even if the member has not provided a statement in an application to show that they meet the definition of a de facto partner.

  14. Example 1: A newly recruited member completes their initial paperwork incorrectly, so they are categorised as a member without dependants. Although not living with their partner during the initial training period, prior to joining the Service the member had been living with their partner on a genuine domestic basis for a number of years, having children together and shared bank accounts. The new recruit may not be able to provide recent evidence of the necessary factors to have dependency recognised. However, in keeping with administrative law principles and having regard to all the relevant factors, the CDF can use their discretion to recognise the couple as de facto partners for Defence benefit purposes.

    Example 2: A member is unconscious. The member has made no application for recognition of a dependant. However, the member's partner approaches Defence for assistance. The partner is able to show that they have lived with the member for some years and family and friends recognise the member and their partner as a de facto couple.

  15. The CDF may recognise a de facto relationship if the partners are temporarily separated due to one of the following reasons.

    1. Service reasons.

    2. The member or their partner has an illness or infirmity which prevents them from living together.

    3. Unforseen circumstances.

    4. Example: The partner is caring for their parent in the parent's home for a few weeks while the parent recovers from surgery.

    Persons who can make the decision under subsection 1.3.89.10 on behalf of the CDF:
    Director General Navy People
    Director Navy Personnel Policy Governance
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force
    Deputy Director Personnel Policy – Air Force
    For recruit applicants only:
    Officers not below the rank of CAPT(E) or WO1(E)
    Commandant Army Recruit Training Centre (Army only)

1.3.90 Partner – registered de facto

To avoid doubt, if a de facto relationship is recognised on a State or Territory register, then the member does not need to reapply for recognition if the couple move and continue to normally live together as a couple in a State or Territory other than the one in which they were registered.

1.3.91 Primary emergency contact

A member's primary emergency contact is an adult, usually in the member's family, who is nominated as the first contact if the member is assigned a casualty status that needs to be notified to the family.

See: Defence Instruction (General) 11-4, Nominating and recording emergency contact and next of kin information in PMKeyS

Note: This DI(G) contains a definition of 'next of kin' for the purpose of recording relatives on the Defence personnel system. It works differently to the family definitions in this Determination, such as 'nominated family' for leave travel and for funeral benefits, where the next of kin is a dependant or other person the member has nominated.

1.3.92 Spouse

Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961.

Note: To be considered a dependant of the member for Defence benefit purposes, a spouse must also meet the tests in sections 1.3.83 or 1.3.85.They might need to provide evidence that they live in a home together for the 'normally lives with' test.

See:
Section 1.3.83, Dependants
Section 1.3.85, Dependants recognised by CDF

Subdivision 2: Categorisation of a member for benefit purposes

1.3.93 Applying for Defence-provided benefits

  1. A member's category is a precondition of their eligibility for Defence-provided benefits. The member must be assessed as meeting the conditions for one of the following categories.

    1. Member without dependants under section 1.3.94.

    2. A member with dependants under section 1.3.95.

    3. A member with dependants (unaccompanied) under section 1.3.96.

    Note: This assessment is a decision point even though it may also be used to verify the facts. It helps make sure that the member and any dependants get the special benefits that are available to assist them.

  2. The member may state in an application for categorisation or for benefits that they meet the conditions for one of the categories described in subsection 1.

  3. The member must provide evidence to support an application for categorisation or a change of category.

  4. Note: A member must advise about changes to family circumstances relevant to their eligibility for a category under this Division in accordance with section 1.5.3. This advice must be in writing.

    See: Part 5
    Section 1.5.3, Change in member's circumstances
    Section 1.5.4, Overpayment

  5. If no application has been made by the member or if the CDF is satisfied that there has been a change in the member's circumstances, CDF may take any of the following decisions. The CDF must notify the member of the decision.

    1. A decision that the member is described by one of the categories listed in subsection 1.

    2. A decision about whether the conditions for recognition of a dependant are satisfied.

    3. Any relevant decision about eligibility for benefits for the member or dependant.

    Notes:
    1. Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
    2. Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

    Example: The member moves in with a new partner and forms a de facto relationship, but does not apply for recognition. The CDF recognises that the member's previous relationship has ceased and a new de facto relationship has begun. The member's eligibility for housing benefits is reassessed based on the member's new living arrangements.

  6. Until 30 June 2016 a member may choose to make an application to have a de facto partner recognised as a dependant for the purposes of section 1.3.89 of this Determination, or using the process set out in the Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships, as in force on 6 April 2017.

  7. Related Information: Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships

    Note: This means that for the period commencing on 30 March 2016 and ending 30 June 2016 a member can choose to have a de facto relationship recognised through either the Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships or in accordance with section 1.3.88 or 89, as relevant.

  8. The CDF may determine the form that is to be used by a person to apply for categorisation or recognition of a relationship for the purpose of eligibility for Defence-provided benefits.

Persons who can make the decisions under subsection 1.3.93.4 on behalf of the CDF:
Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command.
Director General Navy People
Director Navy Personnel Policy Governance
Director Navy Employment Conditions
Director General Personnel – Army
Director Personnel Policy – Army
Staff Officer Grade 1 – Personnel Policy – Army
Director General Personnel – Air Force
Director Personnel Policy – Air Force
Deputy Director Service Conditions – Air Force
Deputy Director Personnel Policy – Air Force

1.3.94 Member without dependants

A member without dependants is a member who does not meet conditions for either of the following categories.

  1. A member with dependants under section 1.3.95.

  2. A member with dependants (unaccompanied) under section 1.3.96.

Examples:
1. The member has no ADF-recognised dependants.
2. The member does not intend to ever live in the same house as their family and so the family is not recognised as dependants for Defence benefit purposes.

1.3.95 Member with dependants

  1. A member with dependants means a member who normally lives with at least one dependant. This is usually in a home at the posting location.

  2. To avoid doubt, a member of a dual-serving couple remains a member with dependants if their partner is categorised member with dependants (unaccompanied) and so is only temporarily not living with the member.

  3. Example: A member couple live together in Darwin. One of the members is posted to Melbourne. That member becomes a member with dependants (unaccompanied). The member in Darwin lives alone until the other member returns from the post, but is still eligible to be a member with dependants.

  4. A member who has a dependant recognised under subsection 1.3.85.5 is categorised as a member with dependants until the circumstances on which the dependant was recognised change.

  5. Example: A Service couple are unable to form a common household as a de facto couple because they have not been granted the posting to adjacent locations that they requested. They are recognised as dependants for the period of the posting. However, the couple separate after eight months. From that point on, the interdependency relationship ceases and the two members are no longer recognised as members with dependants.

    See: Section 1.3.85, Dependants recognised by CDF

  6. A member with dependants (unaccompanied) is a subset of the category member with dependants.

  7. A member must not apply for member with dependants or member with dependants (unaccompanied) categorisation for a spouse or partner if they already receive Defence benefits or entitlements for another spouse or partner.

  8. Example: A member is married but separated from their spouse. The member's spouse ceases to be a recognised dependant for Defence benefit purposes when the member no longer normally lives with them. The member currently lives with another person. The member must take steps to amend their details to cease benefits for their former spouse and have their new partner recognised for benefit purposes.

1.3.96 Member with dependants (unaccompanied)

  1. A member with dependants (unaccompanied) is a member who meets the conditions set out for that category in Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied).

  2. See: Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied)

  3. The purpose of the member with dependants (unaccompanied) category is described in section 8.3.4.

  4. See: Chapter 8 Part 3 Division 1 section 8.3.4, Purpose of member with dependants (unaccompanied) category

  5. The package provided to a member with dependants (unaccompanied) and their dependants may recognise the additional costs of maintaining dependants in two locations. It may include benefits such as the following.

    1. Fully-subsidised accommodation for the member at the member's duty location.

    2. Reunion travel, food, utilities, and separation allowances.

    3. Partly-subsidised accommodation for the dependants.

    4. Removal at Commonwealth expense.

    See: Chapter 8 Part 3 Division 1 section 8.3.6, Member who may be classified as a member with dependants (unaccompanied)

Application to Reservists: Yes.


Forms

  • Application for recognition of a de facto relationship
  • AC832, Application for Recognition of Member With Dependant With Special Needs
  • AD160, ADF Dependant Details
  • AD150, Amendment of Personal Data Details - ADF
  • AA157, ADF Application to Live-in, Live-out and Categorisation
  • Copies of forms are available on the webforms system or through the Defence Service Centre.


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Further info

Contact

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au

Defence Community Organisation

www.defence.gov.au/DCO/

1800 624 608

Defence Families Australia

www.dfa.org.au

Defence People Policy (administrators only)

ADF.PeoplePolicy@defence.gov.au

pacman@defence.gov.au