Document ID: chunk:federal_register_of_legislation:F2020L01717:clause:1_9:p6
Version: federal_register_of_legislation:F2020L01717
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 6/12)
Character Range: 39479–46943

for benefits under this Division unless all of the following apply.
    a.                                                                                                                                                                                                                                   One of the following applies.
                                                                                                                                                                                                                                         i.                                                                                                                                                                  The member has repaid any benefit for compulsory tuition fees for the child's study in Australia under section 15.6.28 for the period the child is not in Australia.
                                                                                                                                                                                                                                         ii.                                                                                                                                                                 The period for which the compulsory tuition fees for study in Australia has ended.
    b.                                                                                                                                                                                                                                   The CDF considers the cost to Defence and approves benefits under this Division.
3.  If the member has paid a contribution under section 15.6.26 or section 15.6.27 and the period for which the contribution was paid has not ended, the member is eligible for a reimbursement calculated using the following formula.

    Where:
    A                                                                                                                                                                                                                                    is the number of days left of the period the contribution covered from the day the Commonwealth was repaid the compulsory tuition fees it paid.
    B                                                                                                                                                                                                                                    is the number of days the contribution covered.
                                                                                                                                                                                                                                         Note: The period could be a school term, number of school terms or the full school year. The dates for school terms and school years are determined by the school.
    C                                                                                                                                                                                                                                    is the contribution the member paid.

Division 3: Education assistance for children overseas – special circumstances

15.6.18    Education assistance – inadequate education facilities
1.  A member is eligible for education assistance for their child studying by one of the following means if the CDF is satisfied the benchmark school at the posting location overseas is inadequate for the child.
    a.                                                                                                                                                                                                               By way of correspondence at the member's posting location overseas.
    b.                                                                                                                                                                                                               At an overseas location other than the member's posting location overseas.
2.  Before making the decision under subsection 1, the CDF must consider all of the following.
    a.                                                                                                                                                                                                               The availability and nature of the education facilities at the member's posting location.
    b.                                                                                                                                                                                                               The alternative education arrangements made for the child and their cost.
    c.                                                                                                                                                                                                               The nature and cost of other arrangements that the member could be expected to make at the posting location or in Australia.
    d.                                                                                                                                                                                                               Any other circumstance at the posting location affecting the educational welfare of the child.
3.  The amount of education assistance is one of the following.
    a.                                                                                                                                                                                                               If paragraph 1.a applies, one of the following.
                                                                                                                                                                                                                     i.                                                                                                                                                                                                                               The amount the member would be eligible for under Division 2 if their child was studying at the benchmark school at the posting location overseas.
                                                                                                                                                                                                                     ii.                                                                                                                                                                                                                              An amount the CDF considers reasonable.
    b.                                                                                                                                                                                                               If paragraph 1.b applies, the benefits the member would be eligible for under Division 4 if the child lived in Australia and attended a non‑Government school that provided for the child's alternative education arrangements.
4.  A member eligible for education assistance for a child under this section is not eligible for education assistance under