Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p96
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 96/293)
Character Range: 2189930–2196631

member to apply for a reimbursement.

8.4.14 Children with special needs

1.   Education assistance also covers members' children with special needs. It supports access to programs or services not available in the new school or other Government agencies.
2.   A member who has a child with special needs is eligible for up to 14 hours of a therapy service if all of the following apply.
     a.                                                                                                                                                                                                                 The therapy service is not provided by the school.
     b.                                                                                                                                                                                                                 The therapy service is critical to the educational progress of the child.
     c.                                                                                                                                                                                                                 The therapy service was provided to the child at the previous location.
     d.                                                                                                                                                                                                                 The therapy service is provided within 18 months of the child starting at the new school.
     e.                                                                                                                                                                                                                 The therapy service is provided by a qualified person or accredited organisation.
3.   If subsection 2 applies, the maximum benefit payable for a therapy service is $123 an hour for each service.
4.   A member who has a child with special needs is eligible for the reimbursement of up to $905 for the cost of an assessment of their needs if all of the following apply.
     a.                                                                                                                                                                                                                 The assessment is critical to the development of an educational program for the child.
     b.                                                                                                                                                                                                                 The assessment is undertaken by a non‑government service provider.
5.   A member is eligible for the cost of compulsory tuition fees up to $36,336 a year for a child with special needs to attend a private school with access to a special program if the CDF decides it is reasonable.
5A.  A member who receives a benefit under subsection 5 must pay a contribution of $441 a year.
6.   For approval under subsection 5, all these conditions must be met.
     a.                                                                                                                                                                                                                 The program or service must have been provided to the child by a government school at the losing location.
     b.                                                                                                                                                                                                                 The program or service cannot be provided by an accessible government school at the gaining location.
     c.                                                                                                                                                                                                                 The program or service can be provided by a private school.
     d.                                                                                                                                                                                                                 It is critical that the child attends the private school for educational progress.
7.   For subsection 5, the CDF must also 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 with special needs.
     g.                                                                                                                                                                                                                 Any other disabilities of the child.
     h.                                                                                                                                                                                                                 The interests