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126.96.36.199 Eligibility for Family Support Package
Section 8 - Persons eligible for assistance or benefits
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 Commission is the rehabilitation authority for the member or former member; and
(c) the Commonwealth is liable to pay compensation to the member under section 85 of the Act or the former member under section 118 of the Act; and
(d) the member or former member has an approved rehabilitation program; and
(e) the member or former member, or the nominated person of the member or former member, is in need of the assistance or benefits.
An eligible veteran is one who:
1. has warlike service under the MRCA; and
2. is actively participating in an approved rehabilitation program provided by the Military Rehabilitation and Compensation Commission; and
3. is in receipt of, or eligible for incapacity payments; and
4. has a rehabilitation provider who has identified that the veteran and their family requires support.
Warlike service has a specific legal definition, where certain operations have been determined by the Defence Minister as constituting 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 or, the current list of all warlike service determinations under the MRCA can be found here: https://www.legislation.gov.au/Details/F2017L01422.
Where you are unable to find whether a veteran has/had warlike service, please email email@example.com and the Policy Development and Advice Team will liaise with the Liability and Service Eligibility Policy team.
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.