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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 one of the following with a person from outside their posting location.

    1. The member is married.

    2. The member has a de facto relationship registered on a State or Territory register.

    3. The member has a de facto partner recognised under section 1.3.89.

  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 seagoing submarine is eligible for a removal to the ship'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. This section applies to a member if all the following apply during a posting period.

    1. They gain a dependant by one of the following means.

      1. Marriage.

      2. Recognition of a de facto partner under section 1.3.89.

      3. Registration of a de facto relationship on a State or Territory register.

    2. They were not eligible or did not accept a removal for their dependant under this Division.

  2. Subject to subsection 3, at the start of the member's next posting, the member is eligible for a removal for their dependants to move to the member's posting location at Commonwealth expense.

  3. A removal for a member's dependants who are in a location in an item in column A of the following table is from a location in column B for the same item.

  4. Removal location
    Item Column A
    Location dependant lives
    Column B
    Removal location
    1. Inside Australia. Any of the following.
    1. The town in which they were married.
    2. The town where the dependant lived when they were recognised as the member's dependant.
    3. The town in which the relationship was registered.
    4. The member's current posting location.
    5. The member's ship's home port, if the member posted to a seagoing ship or a seagoing submarine.
    6. Any other location in Australia.
    2. Outside Australia. Any of the following.
    1. The town in which the spouse or partner first entered Australia.
    2. Any other location in Australia.
  5. If a member is removed from a location under table item 1.f or table item 2.b, the benefit is limited to the lesser of the following amounts.

    1. The cost of the removal.

    2. The cost of a removal from the member's posting location or ship's home port at the time they were recognised as a dependant.

  6. For the purpose of this section a town includes a city, suburb or other distinct residential area.

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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