Document ID: chunk:federal_register_of_legislation:F2021L00720:clause:1_44
Version: federal_register_of_legislation:F2021L00720
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 20439–27434

44  Section 8.4.24 (Member this Division applies to)
    Omit the section, substitute:

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 who meets all these conditions.
    i.                                                                                                                                                                                                   They are less than 25 years old.
    ii.                                                                                                                                                                                                  They are doing a full-time undergraduate course at a tertiary institution within Australia.
    iii.                                                                                                                                                                                                 They are unable to take the selected course at an institution within the member's location of residence.
    iv.                                                                                                                                                                                                  They are not eligible for Youth Allowance as an independent full-time student living away from home.
                                                                                                                                                                                                         Note: A member must show a statement from Centrelink that the child is ineligible for Youth Allowance under the Social Security Act 1991.
    b.                                                                                                                                                                                                   The member incurs costs for the child's accommodation.
                                                                                                                                                                                                         Note: Accommodation includes accommodation owned or rented by the member.
2.  Despite subsection 1, a member is eligible for benefits under this Division if all the following apply.
    a.                                                                                                                                                                                                   The member's child can attend an equivalent course in the member's location of residence but needs to study elsewhere.
    b.                                                                                                                                                                                                   The CDF is satisfied that is it 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 specialist academic staff.
    c.                                                                                                                                                                                                   The child's age, school history, educational needs, family circumstances and general welfare.
    d.                                                                                                                                                                                                   The circumstances of the member's posting and the likely location of future postings.
    e.                                                                                                                                                                                                   Any other assistance available from the Defence Member and Family Support to support dependants with special needs.
    f.                                                                                                                                                                                                   Any other disabilities of the child.
    g.                                                                                                                                                                                                   The interests of the Commonwealth.
    h.                                                                                                                                                                                                   Any other factor relevant to the child's educational progress.
    i.                                                                                                                                                                                                   If the need has arisen as a consequence of the member being posted to a new location — all of the following.
                                                                                                                                                                                                         i.                                                                                                                                         The facilities offered by educational institutions in the former and gaining locations.
                                                                                                                                                                                                         ii.                                                                                                                                        Staff advice from educational institutions in the former and gaining locations.
                                                                                                                                                                                                         iii.                                                                                                                                       The nature of the education system in the gaining location.