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6.5.3.1 Eligibility for Family Support Package

Document
Last amended 
15 May 2018

Legislative authority

The Military Rehabilitation and Compensation (Family Support) Instrument 2018

"Section 8 - Persons eligible for assistance or benefits under this Part

The Commission may grant assistance or benefits under this Part to a member or former member, or a nominated person of the member or former member, if the Commission is satisfied that:

  • (a) the member or former member has rendered warlike service on or after 1 July 2004; and
  • (b) the member or former member has an approved rehabilitation program; and
  • (c) the member or former member, or the nominated person of the member or former member, is in need of the assistance or benefits."

Eligible veteran

An eligible veteran is one who:

  1. has warlike service under the MRCA; and
  2. is undertaking an approved rehabilitation program provided by the Military Rehabilitation and Compensation Commission; and
  3. has a rehabilitation provider who has identified that the veteran and their family requires support; and
  4. for child care only – is in receipt of or eligible for incapacity payments.

Veterans must satisfy the first three criteria for their families to be eligible for counselling and all four criteria to be eligible for child care.

Warlike service

Warlike service is defined in the legislation as:

"service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service."

As outlined in the Compensation and Support Policy Library, warlike operations are those military activities where the application of force is authorised to pursue specific military objectives and there is an expectation of casualties.  Such operations can encompass but are not limited to:

  • a state of declared war;
  • conventional combat operations against an armed adversary; and
  • peace enforcement operations.

Please refer to the Service Eligibility Assistant in the Legislation library for further information about warlike operations.

Eligible Family/Nominated Person

The eligible veteran is able to nominate the following family members for support under this measure:

  • the veteran’s partner;
  • the veteran’s parent or step-parent;
  • the veteran’s grandparent;
  • the veteran’s child or stepchild;
  • the veteran’s grandchild;
  • the veteran’s sibling including brother, sister, half-brother or half-sister;
  • the parent or step-parent of the veteran’s partner;
  • the child or stepchild of the veteran’s partner;
  • a person in respect of whom the veteran stands in the position of a parent; or
  • a person who stands in the position of a parent to the member.

The family members outlined above align with the definition of dependants under the MRCA are purposefully broad to reflect the different family structures commonly found in Australian society.