To be eligible to receive MRCAETS benefits, a child must either be:
- an eligible young person (dependant of a veteran with underlying MRCA eligibility) or
- a VEA eligible child (dependant of a veteran with underlying VEA eligibility).
While all students must be a dependant of an eligible veteran to be eligible for MRCAETS benefits, there are slight differences in dependency standards as outlined below.
Under the MRCA, a dependant means a related person of the member:
- who is wholly or partly dependent on the member; or
- who would be wholly or partly dependent on the member but for an incapacity of the member that resulted from an injury or disease or an aggravation of an injury or disease.
A related person can be:
- a child, step-child, grandchild, brother, sister, half-brother or half-sister of a deceased member, member or former member; or
- a child or step-child of the member’s partner;
- a person in respect of whom the member stands in the position of a parent; or in unusual circumstances
- the member's partner.
However, the related person must also be an eligible young person wholly or partly dependent on the deceased member, member or former member for economic support (or would have been wholly or partly dependent but for the incapacity of the member because of an injury or disease for which liability has been accepted under the MRCA).
When an eligible young person is wholly dependent under the MRCA
An eligible young person is automatically considered to be wholly dependent on the member or former member if:
- they live with the member or former member,
- they would be living with the member or former member but for a temporary absence of the member or the young person,
- they would be living with the member or former member but for an absence of the member or young person due to illness or infirmity, or
- where the member or former member is liable to provide child support under the Child Support (Assessment) Act 1989 for the young person. Where child support is provided other than under a Child Support Agency arrangement, a level of dependency can still be established on a case-by-case basis.
Where a child is not automatically deemed as dependent under section 17 of the MRCA, additional documentation may be required to establish dependency. Suitable evidence could take the form of a statutory declaration by the veteran or applicant, a guardianship order, evidence of payment by Service Australia of FTB to the member of member’s spouse on behalf of the child, a custody order, etc.
Step-children as eligible young people
The list of dependants in section 15(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 or former member, or the separation is due to family and domestic violence.
If the child continues to live with the member or former member after the separation, the child is eligible to receive MRCAETS benefits based on continued dependency.
Absences due to illness or family and domestic violence
An eligible young person may continue to be considered dependent on an eligible member where the young person or former member are permanently absent from the home for reasons of illness or where the absence is due to family and domestic violence (see 9.5.2.4).
Dependant VEA eligible child
To be considered a VEA eligible child, the individual must be a child of a veteran who meets the relevant eligibility criteria. For the purposes of the MRCA, a person is taken to be a child of a veteran where they are wholly or substantially dependent on the veteran.
A child will also be taken to be wholly or substantially dependent on a veteran where the veteran has a legal obligation to maintain the child