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Part E: Savings and transitional arrangements

From DFRT Determination No. 11 of 2013

E.1.1 General saving and transitional – repealed Determinations under section A.1.3

  1. Sections E.1.1 to E.1.3 set out general transitional provisions for the Determinations repealed by section A.1.3 (the 'repealed Determinations').

  2. See: Part A, Administration

  3. To avoid doubt, benefits accrued by a member under any of the repealed Determinations prior to 12 September 2013 are preserved and may be claimed subject to the rules in force under in the relevant repealed Determination in the period to which the claim relates.

E.1.2 General saving of decisions

If, before the day this Determination commenced, a person complied with conditions for an allowance under a repealed Determination:

  1. a decision made under a repealed Determination relevant to the member's eligibility or other obligations relevant to that allowance, is taken to be a decision under this Determination, for the purpose of continuity of benefits; and

  2. any related approval, authority, instruction or direction is taken to have been given, issued or granted under, and for the purposes of, this Determination, regardless of the identity of the Service decision-maker; and

  3. the preserved decision ceases to have effect in relation to the member, from the day on which either of the following circumstances are met.

    1. The member's circumstances change so that they no longer meet conditions that the decision is taken to establish.

    2. This Determination (as amended) amends the basis for eligibility for an allowance so that the original decision no longer establishes eligibility for it.

E.1.3 General saving and transitional – value of allowance

  1. The general transitional provisions in this Part are made subject to any specific transitional provisions in this Determination, which may maintain the amount of a benefit.

  2. Except as set out in this Part, from the day it commences, this Determination provides for the entirety of the monetary amount and related liabilities of the type previously provided under the repealed Determinations and nothing in it:

    1. is taken to preserve or maintain after the commencement day the value of a benefit, as the result of the person's eligibility under the former Determination before the commencement day; and

    2. is taken to preserve or maintain after the commencement day a person's entitlements.

E.1.4 Transitional – DFRT Determination No. 15 of 1996, Adventurous training instructor allowance

A member who was eligible for an annual rate of adventurous training instructor allowance as in force under Determination No.15 of 1996, Adventurous Training Instructor Allowance, (the 'old Determination') on 11 September 2013 continues to be entitled to the rate that was payable under the old Determination until the end of the member's current posting.

E.1.5 Transitional – member serving in a major fleet unit on an annual rate of maritime disability allowance

  1. This section applies to a member who meets all of the following conditions.

    1. The member has completed some cumulative sea service under any of Determinations No. 1 of 1996, Seagoing Allowance, No.10 of 1996, Hard Lying Allowance and Determination No. 14 of 2008, Submarine Service Allowance, but the total period is less than three years.

    2. The member is in any of the following circumstances.

      1. The member is posted to a major fleet unit.

      2. The member is posted to a shore establishment and serving in a major fleet unit.

      3. The member is posted to Sea Training Group and serving in a major fleet unit in a deemed position.

    3. The member is paid an annual rate of maritime disability allowance.

    4. The member is not eligible for maritime sustainability allowance under this Determination.

  2. The member is eligible for a transitional payment that is the difference between these two rates.

    1. The annual rate of seagoing allowance under clause 4 of Determination No. 1 of 1996, Seagoing Allowance for completion of cumulative sea service of less than three years.

    2. The annual rate of maritime disability allowance listed for item 11, table 1 in Part F of this Determination.

    3. See: Part F, Allowance rates

    4. The member ceases to be eligible for the transitional payment on the day the rate described in paragraph E.1.5.2.b equals or exceeds the rate described in paragraph E.1.5.2.a.

E.1.6 Transitional – member serving in a seagoing submarine on an annual rate of maritime disability allowance

  1. This section applies to a member who meets all of the following conditions.

    1. The member has completed some cumulative sea service under any of Determinations No. 1 of 1996, Seagoing Allowance, No.10 of 1996, Hard Lying Allowance and Determination No. 14 of 2008, Submarine Service Allowance, but the total period is less than three years.

    2. The member is in any of the following circumstances.

      1. The member is posted to a seagoing submarine.

      2. The member is posted to a shore establishment and serving in a seagoing submarine.

      3. The member is posted to Sea Training Group and serving in a seagoing submarine in a deemed position.

    3. The member is paid an annual rate of maritime disability allowance.

    4. The member is not eligible for maritime sustainability allowance under this Determination.

  2. The member is eligible for a transitional payment that is the difference between these two rates.

    1. The annual rate of submarine service allowance under clause 7.1 of Determination No. 14 of 2008, Submarine Service Allowance, for completion of cumulative sea service of less than three years.

    2. The annual rate of maritime disability allowance listed for item 13, table 1 in Part F of this Determination.

    3. See: Part F, Allowance rates

  3. The member ceases to be eligible for the transitional payment on the day the rate described in paragraph E.1.6.2.b equals or exceeds the rate described in paragraph E.1.6.2.a.

E.1.7 Transitional – member serving in major fleet unit or seagoing submarine on a daily rate of maritime disability allowance

  1. This section applies to a member who meets all of the following conditions.

    1. The member has completed some cumulative sea service under any of Determinations No. 1 of 1996, Seagoing Allowance, No.10 of 1996, Hard Lying Allowance and Determination No. 14 of 2008, Submarine Service Allowance, but the total period is less than three years.

    2. The member is in any of the following circumstances.

      1. The member is serving in a major fleet unit (including a seagoing ship) or a seagoing submarine.

      2. The member is posted to a shore establishment and serving in a major fleet unit (including a seagoing ship) or a seagoing submarine.

      3. The member is posted to Sea Training Group and serving in a major fleet unit (including a seagoing ship) or a seagoing submarine in a non-deemed position.

    3. The member is paid a daily rate of maritime disability allowance.

    4. The member is not eligible for maritime sustainability allowance under this Determination.

  2. The member is eligible for a transitional payment that is the difference between the relevant rates:

    1. The rate (if any) that the member was entitled to under Determination No.10 of 1996, Hard Lying Allowance.

    2. The member's daily rate under either item 14 or 16 of table 1 Part F of this Determination.

    3. See: Part F, Allowance rates

  3. The member ceases to be eligible for the transitional payment on the day the rate described in paragraph E.1.7.2.b equals or exceeds the rate described in paragraph E.1.7.2.a.

E.1.8 Transitional – qualifying periods under previous DFRT Determinations

  1. This section applies to the following repealed DFRT Determinations.

    1. DFRT Determination No. 1 of 1996, Seagoing Allowance.

    2. DFRT Determination No. 10 of 1996, Hard Lying Allowance.

    3. DFRT Determination No. 14 of 2008, Submarine Service Allowance.

  2. A member who was serving a qualifying period towards, or was entitled to, any of the allowances listed in subsection E.1.8.1 immediately before the date of repeal:

    1. if the member was serving a qualifying period – the period served towards the qualifying period under the relevant repealed DFRT Determination is taken to count towards the relevant qualifying period under Division B.9.

    2. if the member was entitled to any of the repealed allowances – the member is not required to serve another qualifying period under Division B.9 before becoming eligible for maritime disability allowance.

    3. See: Part B Division B.9, Maritime disability allowance

E.1.9 Transitional — DFRT Determination No. 5 of 2008, Special Forces Disability allowance

  1. A member who was eligible for the annual rate of Special Forces disability allowance under Schedule 1, item 18 (support member) as in force under Determination No. 5 of 2008, Special Forces Disability Allowance, as amended (the 'old Determination'), on 23 September 2015 is eligible for that allowance as if the old Determination continued to apply, until the earlier of the following events.

    1. The end of the member's current posting, deployment or attachment.

    2. The end of three years in the member's current posting, deployment or attachment.

  2. After either of the events in paragraphs 1.a or 1.b the member's eligibility for Special Forces disability allowance is assessed by reference to this Determination, as amended.

E.1.10 Transitional — DFRT Determination No. 4 of 2008, Allowance for Specialist Operations

  1. A member who was eligible for any of the following annual rates of allowance for specialist operations as in force under Determination No. 4 of 2008, Allowance for Specialist Operations, (the 'old Determination') on 7 October 2015 is eligible for that allowance as if the old Determination continued to apply until the end of the member's current posting, deployment or attachment.

    1. Schedule 1, item 3 (trainee clearance diver).

    2. Schedule 1, item 6 – a member in either of the following.

      1. Posted to Sea Training Group.

      2. On an overseas exchange with the United States Navy.

    3. Schedule 1, item 7 (tactical development).

    4. Schedule 1, item 8 (support member).

  2. After the member's pre-commencement posting, deployment or attachment ends, their eligibility for the allowance is assessed by reference to this Determination, as amended.

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



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