Document ID: chunk:federal_register_of_legislation:F2023L00871:clause:2_10
Version: federal_register_of_legislation:F2023L00871
Segment Type: clause
Provision Reference: sch 2 cl 10
Character Range: 68602–74739

10  Former dependants
1.  This section applies if a member ceased to be eligible for a benefit in relation to the person who was a dependant on the commencement of the amending determination because the person is not one of the following under the amended Defence Determination.
    a.                                                                                                                                                                                                                                                            Accompanied resident family.
    b.                                                                                                                                                                                                                                                            Unaccompanied resident family.
    c.                                                                                                                                                                                                                                                            Recognised other person.
2.  The person who was a dependant under the Defence determination is one of the following if subsection 3 applies.
    a.                                                                                                                                                                                                                                                            If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination — accompanied resident family.
    b.                                                                                                                                                                                                                                                            If the person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination — unaccompanied resident family.
3.  For the purpose of subsection 2, the decision maker is satisfied of the following.
    a.                                                                                                                                                                                                                                                            The member would have continued to be eligible for benefits in relation to the person had the amending determination not commenced.
    b.                                                                                                                                                                                                                                                            Classifying the person as a type of resident family is consistent with the purpose of the amending determination
4.  Any decision made under this section ceases to have effect on 30 June 2024.
5.  In this section, decision maker means any of the following.
    a.                                                                                                                                                                                                                                                            Director General Navy People.
    b.                                                                                                                                                                                                                                                            Director Recruiting, Retention and Transitions.
    c.                                                                                                                                                                                                                                                            Deputy Director Navy Employment Conditions.
    d.                                                                                                                                                                                                                                                            Director General Army People Capability.
    e.                                                                                                                                                                                                                                                            Director People Policy – Army.
    f.                                                                                                                                                                                                                                                            Staff Officer 1 People Policy – Army.
    g.                                                                                                                                                                                                                                                            Director General Personnel – Air Force.
    h.                                                                                                                                                                                                                                                            Director Personnel Policy – Air Force.
    i.                                                                                                                                                                                                                                                            Deputy Director Service Conditions – Air Force.
    j.                                                                                                                                                                                                                                                            Assistant Secretary People Policy and Employment Conditions.