Document ID: chunk:federal_register_of_legislation:F2022L00095:schedule:3:p2
Version: federal_register_of_legislation:F2022L00095
Segment Type: schedule
Provision Reference: sch 3 (pt 2/3)
Character Range: 17144–22863

to a member who meets all the following.
    a.                                                                                              A dependant of the member is living with them at the overseas posting location.
    b.                                                                                              The dependant in paragraph a. dies.
2.  Subject to subsection 5, the member is eligible for up to AUD 14,000 for all of the following.
    a.                                                                                              If the remains of the dependant are being returned to Australia, all of the following.
    i.                                                                                              The preparation of the dependant's remains.
    ii.                                                                                             The returning of the dependant's remains to Australia.
    b.                                                                                              A funeral in the overseas location.
    c.                                                                                              Subject to subsection 3, a memorial service.
3.  Paragraph 2.c only applies if all of the following apply.
    a.                                                                                              The funeral occurs while a COVID-19 control measure relating to funerals in the location the funeral is to be held are in place.
    b.                                                                                              The memorial service occurs after the day the COVID-19 control measures relating to funerals ends.
    c.                                                                                              The memorial service does not occur after 12 months from the day the COVID-19 control measures relating to funerals ends.
4.  Assistance available under this section is to be paid to one of the following.
    a.                                                                                              The member.
    b.                                                                                              The member's legal personal representative.
5.  The assistance must be approved by the Director General Defence Member and Family Support.

  12.7.6    Continuing benefits for dependants
1.  Subject to subsection 3, a dependant of a member who dies during a long-term posting overseas is eligible for benefits the member would have been eligible for under Chapters 14 or 15 until any of the following days.
    a.                                                                                                                                                                                                                        If the benefit is for the transport and removal of a dependant and their possessions — the day that is one year after the member dies.
    b.                                                                                                                                                                                                                        In any other case — the day 6 weeks after the member dies.
2.  The CDF can extend the period under paragraph 1.b to a day they consider reasonable in the circumstances having regard to all of the following.
    a.                                                                                                                                                                                                                        The circumstances in which the member died.
    b.                                                                                                                                                                                                                        The situation of the dependants who continue to live at the posting location after the member's death.
    c.                                                                                                                                                                                                                        Any other factor relevant to the dependants.
3.  The following conditions apply to benefits provided under subsection 1.
    a.                                                                                                                                                                                                                        The overseas living allowances are paid at two-thirds of the rate that would have been paid if the member had not died.
    b.                                                                                                                                                                                                                        The dependant is not eligible for education assistance under Chapter 15 Part 6 from the day the member dies.
                                                                                                                                                                                                                              Note: Education assistance for a member at a posting location in Australia is set out under Chapter 8 Part 4.
    c.                                                                                                                                                                                                                        If the member's dependant chooses to travel to a location other than Australia, their benefit is limited to the cost of transport for