Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p98
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 98/293)
Character Range: 2202507–2208829

Division 4: School students not at a housing benefit location or family benefit location

8.4.19 Purpose

   Sometimes a member's child does not accompany them to the gaining location. This Division assists the member with compulsory tuition fees and accommodation costs in some circumstances.

8.4.20 Member this Division applies to

1.  For this Division, the member must meet all the following conditions.
    a.                                                                                                                       Any of the following applies.
                                                                                                                             i.                                                                                                                       The member is granted a removal to a housing benefit location within Australia.
                                                                                                                             ii.                                                                                                                      If the member is posted to a new location, the member is granted a removal for their resident family to a family benefit location within Australia.
    b.                                                                                                                       The member has a child who meets all the following conditions.
                                                                                                                             i.                                                                                                                       They are the member's resident family.
                                                                                                                             iii.                                                                                                                     They are in an Australian school in Year 9, 10, 11 or 12, or an earlier year that the CDF decides is critical to the child's education.
                                                                                                                             iv.                                                                                                                      They are not repeating a school year to improve results.
    c.                                                                                                                       The member elects for the child to attend school at one of these locations in Australia.
                                                                                                                             i.                                                                                                                       The losing location.
                                                                                                                             ii.                                                                                                                      A location where benefits are not provided which has been approved by the CDF.
2.  For subparagraphs 1.b.iii and 1.c.ii, the CDF must consider all these factors.
    a.                                                                                                                       The child's age, school history, educational needs, family circumstances and general welfare.
    b.                                                                                                                       Facilities offered by schools and educational institutions in the former and gaining locations.
    c.                                                                                                                       The nature of the education system in the gaining location.
    d.                                                                                                                       Staff advice from schools and educational institutions in the former and gaining locations.
    e.                                                                                                                       The circumstances of the member's posting and the likely location of future postings.
    f.                                                                                                                       Any other assistance available from Defence Member and Family Support to support resident family who has special needs.
    g.                                                                                                                       Any other disabilities of the child.
    h.                                                                                                                       The interests of Defence.
    i.                                                                                                                       Any other factor relevant to the child's educational progress.
3.  For subparagraph 1.c.ii, the CDF must additionally consider any family support available to the child in the location.

8.4.21 Tuition and accommodation costs

1.  Subject to subsection 3 and section 8.4.22, a member who incurs a cost for a purpose in column A in a year is eligible for a reimbursement of the cost incurred up to the amount specified in column B and must pay the contribution specified in column C of the following table.

Item  Column A                                                                 Column B               Column C
      Purpose                                                                  Maximum reimbursement  Contribution
1.    Compulsory tuition fees.                                                 $36,336                The higher of the following.
                                                                                                      a. $441.
                                                                                                      b. The amount equal to the contribution they would normally have incurred for their child's continued attendance at that school.
2.    If in boarding school or a commercial