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Division 8: When a member becomes a member with dependants

6.5.65 Purpose

This Division describes removal and storage benefits for a member in either of the following circumstances.

  1. The member marries or forms a de facto relationship and the spouse or partner is recognised for Defence benefit purposes.

  2. The member gains a dependant recognised for Defence benefit purposes.

See: Chapter 1 Part 3 Division 2
Section 1.3.81, Child
Section 1.3.83, Dependants
Section 1.3.88, Partner
Section 1.3.92, Spouse

6.5.66 Marriage planned or common household started before posting

  1. A member is eligible for a removal as a member with dependants if they provide documentation under subsection 2 and either of these circumstances applies to them.

    1. They have planned to be married or register their relationship but are posted before their planned event happens.

    2. They have planned to apply for ADF recognition of a partnership but are posted before the application is granted.

  2. To qualify, the member must provide documentary evidence that they had completed arrangements for the marriage or had started maintaining a common household before they received the posting authority.

  3. A member must repay removal assistance provided under subsection 1 in relation to the spouse or partner, if that spouse or partner does not move to the posting location to join the member.

6.5.67 Removal after posting authority issued

A member is eligible for a removal to the new posting location as a member with dependants in the following circumstances.

  1. They marry or are recognised by the ADF as having a partner at their posting location after a new posting authority has been issued.

  2. They marry or are recognised by the ADF as having a partner at their posting location before they are removed.

6.5.68 Removal from outside posting location

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

    1. The member has a marriage or de facto relationship recognised with a person from outside their posting location.

    2. The marriage or relationship is recognised in Australia, or while the member is serving in any of the following.

      1. A seagoing ship.

      2. An aircraft squadron, where the member is liable to serve on a seagoing ship.

  2. The member is entitled to a removal at Commonwealth expense if both of the following conditions are met.

    1. It is reasonable to expect that the member would serve for at least 12 months after the date they have applied for the removal.

    2. They are on a posting that would have entitled them to a removal if their spouse or partner had been a dependant recognised for Defence-provided benefit purposes when the member was posted.

  3. The removal assistance under subsection 2 is limited to the following.

    1. Removal of the member's spouse or partner's personal effects and any presents from the wedding or registered relationship celebration. This does not include the spouse or partner's furniture or whitegoods.

    2. Removal of the member's furniture and effects as follows.

      1. From store and from a residence where they lived in the posting location before the marriage or partnership was recognised.

      2. To a Service residence or a rent allowance residence they will live in after the marriage or partnership is recognised.

  4. A member serving in a seagoing ship or an aircraft squadron has a choice of removal destination. They must make the choice in writing. This table outlines the options.

Options
Item If the member is serving... then their removal destination may be...
1. in a seagoing ship either of the following locations.
a. The ship's home port.
b. The member's home port.
2. in an aircraft squadron any of the following locations.
a. The home port for the ship in which the squadron is embarked.
b. The air station where the squadron is based.
c. The member's home port.

6.5.69 Removal from outside Australia

If a member serving in Australia marries or is recognised as having a partnership outside Australia, the removal benefits listed in section 6.5.68 apply. The spouse or partner's point of entry into Australia is taken to be the place of marriage.

6.5.70 Removal of child's effects

A member is eligible for a removal of the effects of their spouse or their partner's child at the time of marriage or ADF recognition of the partnership. All of these conditions must be met.

  1. The member is eligible for a removal of their spouse's or partner's effects.

  2. The child is eligible to be included as a dependant for removal purposes.

  3. The child normally lives with the member's spouse or the member's partner and will live with the member.

6.5.71 Removal eligibility on next posting

  1. If a member is not otherwise eligible for a removal under this Division, they and their dependants will be eligible for a removal when next posted.

  2. The member has a choice of where they are removed from if either of these conditions is met.

    1. Their marriage took place in Australia.

    2. Their spouse has been living at the location they are eligible for a removal from.

  3. The member has a choice of where they are removed from if either of these conditions is met.

    1. Their partnership was recognised based on a common household maintained in Australia.

    2. Their partner has been living at the location they are eligible for a removal from.

  4. A member eligible under subsection 1 or 2 may choose to be removed from one of these places.

    1. The place of marriage.

    2. The place where the member's common household with their partner was at the time the partnership was recognised for Defence benefit purposes.

    3. See: Chapter 1 Part 3 Division 2 section 1.3.88, Partner, for the current arrangements that provide for recognition.

    4. The location of their current posting.

    5. Their home port or their ship's home port, if they are serving in a seagoing ship or an aircraft squadron where they will be liable to serve on a seagoing ship.

  5. If the member married or had an ADF recognised partnership outside Australia, the removal will be from the spouse or partner's point of entry into Australia.

  6. The removal may be from any other location in Australia. The removal costs that the Commonwealth will pay are limited to the cost of a removal from either of these locations.

    1. The member's posting location when they married or were recognised by the ADF as having a partner.

    2. The member's home port if they have been serving in a seagoing ship or an aircraft squadron where they will be liable to serve on a seagoing ship.

6.5.72 Member's home not suitable for additional dependants

  1. A member's housing may no longer suit because they gain additional dependants. In these cases, they are eligible for a removal to suitable housing at the posting location.

    Examples:

    1. A member without dependants is occupying a shared rent allowance residence. The member has a child. The member is offered a Service residence and is eligible for a removal to the Service residence.

    2. A member living in a two bedroom rental home marries. The member's spouse has two dependant children. The member's residence is unsuitable because it does not meet the number of bedroom requirements. The member is eligible for a removal to a suitable residence.

    3. A member lives in a one bedroom apartment. The member wants to form a household with a de facto partner. The apartment is taken to be suitable because it has enough bedrooms to house the couple. They are therefore not eligible for a removal.

      Note: The criteria for suitable housing may change depending on the type of housing the member is in. For example, a Service residence, rented home, living-in accommodation etc.

  2. The standard used to assess the suitability of the accommodation to house dependants is the number of bedrooms as set out under subparagraph 7.6.4.1.b.iii and the associated table.

    See: Chapter 7
    Part 1 Division 3 section 7.1.17, Suitable accommodation
    Part 2 Division 1 section 7.2.5, Suitable own home
    Part 4 Division 3 section 7.4.15, Suitable living-in accommodation
    Part 6 Division 2 section 7.6.4, Suitable Service residence

6.5.73 Benefit only granted once for the same relationship

A member is eligible only once under this Division for each dependant.

Exception: Section 6.5.72 applies on occurrence of the conditions in that benefit.

Example: A member may take a removal when they bring their partner to Australia. They are not eligible for another removal under this Division if they later marry.

Application to Reservists: Yes, on continuous full-time service.




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