Document ID: chunk:federal_register_of_legislation:C2023C00402:section:5
Version: federal_register_of_legislation:C2023C00402
Segment Type: section
Provision Reference: s 5
Character Range: 16678–17905

5  Definition of eligible child
 (1) A person is an eligible child of an invalid, or covered ADF member, who dies if the person is under subsection (2) a child of the invalid or member and either:
 (a) the person is under 18; or
 (b) the person:
 (i) is at least 18 but under 25; and
 (ii) is receiving full‑time education at a school, college or university or other full‑time education approved by CSC for the purposes of this subparagraph.
 (2) For the purposes of subsection (1), the person is a child of the invalid or member if:
 (a) the person is, for the purposes of the Family Law Act 1975, a child of the invalid or member; or
 (b) the person is an ex‑nuptial child of the invalid or member; or
 (c) the person was a step‑child, an adopted child, a foster child or a ward of the invalid or member when the invalid or member died; or
 (d) the person was wholly or substantially dependent upon the invalid or member when the invalid or member died, and either:
 (i) is, for the purposes of the Family Law Act 1975, a child of a surviving spouse of the invalid or member; or
 (ii) is a child or ex‑nuptial child of a surviving spouse of the invalid or member.
The paragraphs of this subsection do not limit one another.