Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p100
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 100/293)
Character Range: 2213289–2220782

to a member who cannot be refunded costs by the school.
5.  A member receiving education assistance may become ineligible during the reimbursement period.
6.  A member is not eligible to be reimbursed boarding costs if any of the following apply unless the CDF is satisfied special circumstances apply.
    a.                                                                                                                                                                                                                                                                                                              While the child is on school holidays.

    b.                                                                                                                                                                                                                                                                                                              While the member or an adult who is resident family of the member lives within the child's location.

7.  For the purpose of deciding whether there are special circumstances in subsection 6, the CDF must consider all of the following.
    a.                                                                                                                                                                                                                                                                                                              If there is any family support available to the child in the location where the child will attend school.
    b.                                                                                                                                                                                                                                                                                                              The child's age, school history, educational needs, family circumstances and general welfare.
    c.                                                                                                                                                                                                                                                                                                              Staff advice from schools and educational institutions in the former and gaining locations.
    d.                                                                                                                                                                                                                                                                                                              The circumstances of the member's posting and the likely location of future postings.
    e.                                                                                                                                                                                                                                                                                                              Any other assistance available from Defence Member and Family Support to support resident family who has special needs.
    f.                                                                                                                                                                                                                                                                                                              Any other disabilities of the child.
    g.                                                                                                                                                                                                                                                                                                              Where it is in the interest of Defence.
    h.                                                                                                                                                                                                                                                                                                              Any other factor relevant to the child's educational progress.

Division 5: Tertiary students not at the housing benefit location or the family benefit location

8.4.23 Purpose

   This Division assists members with the accommodation costs of a child or adult child in tertiary education when they are living away from home.

8.4.24 Member this Division applies to

1.  This Division applies to a member who meets all these conditions.
    a.                                                                                                       The member has a child or adult child who meets all these conditions.
                                                                                                             i.                                                                                                                                                              They are the member's resident family.
                                                                                                             ii.                                                                                                                                                             They are doing a full-time undergraduate course at a tertiary institution within Australia.
                                                                                                             iii.                                                                                                                                                            Their selected course is not offered at an institution within the housing benefit location or the family benefit location.
                                                                                                             iv.                                                                                                                                                             They are not eligible for Youth Allowance as an independent full-time student living away from home.
    b.                                                                                                       The member incurs costs for the child's or adult child's accommodation and the member does not own the accommodation.
2.  Despite subsection 1, a member is eligible for benefits under this Division if all the following apply.
    a.                                                                                                       The member's child or adult child can attend an equivalent course in the housing benefit location or the family benefit location but needs to study elsewhere.
    b.                                                                                                       The CDF is satisfied that it is reasonable in the circumstances.
3.  For the purpose of subsection 2, the CDF must consider all the following.
    a.                                                                                                       If family members can provide support to the student.
    b.                                                                                                       Factors relevant to the course of study or research, including the availability of