Document ID: chunk:federal_register_of_legislation:F2024C01079:schedule:2:p21
Version: federal_register_of_legislation:F2024C01079
Segment Type: schedule
Provision Reference: sch 2 (pt 21/28)
Character Range: 108488–114165

rules for determining if an additional support payment is payable.
    d.                                                                                                                                                                                                          When an additional support payment is to be made.

Division 2: Applying for additional support payment

5.2.1 How and when to apply
1.  An applicant must use the approved form to apply for an additional support payment.
2.  A single application form may be used to apply for an additional support payment for multiple claim periods in relation to a particular member.

Division 3: When can additional support payment be made

5.3.1 Financial loss that can be recovered
1.  For the purpose of this Part, relevant financial loss, in relation to an applicant, means a substantial financial loss that has been incurred by the applicant's business due to one of the following:
    a.                                                                                                                                                                                                      The member's absence on defence service during the claim period.

    b.                                                                                                                                                                                                      The member's absence from employment in the business, or from the business, due to injury or illness resulting from their defence service during the claim period.

2.  The following losses suffered by the applicant are not a relevant financial loss for the purpose of this Part:

    a.                                                                                                                                                                                                      A loss of a remote, speculative, or indirect kind.

    b.                                                                                                                                                                                                      A loss of a personal nature or incurred in a personal capacity.

    c.                                                                                                                                                                                                      A loss incurred otherwise than in the prudent and reasonable conduct of the business.

5.3.2 When can additional support payment be made
   The CDF may approve an application for an additional support payment only if satisfied of all of the following:
   a.                                                                                                               The applicant is eligible for a support payment resulting from the absence on defence service of the member concerned during the claim period.

   b.                                                                                                               The applicant's business has incurred a relevant financial loss resulting from that absence.

   c.                                                                                                               One of the following apply:

                                                                                                                    i.                                                                                                                                              The applicant has made, or is making, a reasonable effort to avoid or limit the relevant financial loss.

                                                                                                                    ii.                                                                                                                                             It was not possible in the circumstances for the applicant to make arrangements to avoid the financial loss.

   d.                                                                                                               The following payments and allowances in total are not sufficient to avoid the relevant financial loss:

                                                                                                                    i.                                                                                                                                              The support payment ordinarily payable in relation to the claim period under Part 3.

                                                                                                                    ii.                                                                                                                                             Any extended support payment ordinarily payable in relation to the claim period under Part 4.

                                                                                                                    iii.                                                                                                                                            Any allowances the applicant has received, or is eligible to receive, under any other Determination made under section 58B of the Defence Act 1903.

5.3.3 Additional support payment not payable if legal officer sessional fee payable
   An applicant is not eligible to be paid an additional support payment if a legal officer sessional fee was paid or is payable to the member for the same period of defence service.

Division 4: Finalising applications