2.1.4 Who is a child under MRCAETS?

As of 1 July 2009, the definitions of dependants under the MRCA were amended so that terms relating to dependants extend to include same sex relationships.  The Same Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 (Same Sex Act) removed differential treatment of same sex couples and their children from Commonwealth legislation, including the MRCA.

Section 5 of MRCA defines child as a child of a person within the meaning of the Family Law Act 1975.  This includes adoptive children and step-children.

Where the member or former member is a step parent, is in a de facto relationship with the child's parent, or is a guardian of the child, additional documentation may be required to establish determine eligibility.

Suitable evidence could take the form of a statutory declaration by the veteran or applicant, a guardianship order, evidence of payment by Centrelink of FTB to the member of member's spouse on behalf of the child, a custody order, etc.

Step children under MRCAETS

Under s258 of the MRCA, a person can receive benefits under MRCAETS if they are a 'dependant'.  The list of dependants in s15(2) includes a step-child.  The child must also be wholly or partly dependent (this refers to economic dependency) on the member.  If the step-child's parents separate, the child will lose entitlements to MRCAETS benefits UNLESS the child remains wholly or partly dependent on the member of former member.

If the child continues to live with the member or former member after the separation, the child is eligible to receive MRCAETS benefits because of s17 of the MRCA.

Step children of de facto relationships

Under the MRCA and VEA, a step child of a de facto or same sex relationship is to be treated the same way as a step child of a married relationship (see the definition of 'step child' which was added to the definitions section of the Acts in 2009).