{"id":"F2015L01280","name":"Veterans' Children Education Scheme","slug":"f2015l01280","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":335822,"registerId":"commonwealth-F2015L01280-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of instrument","content":"#### 1 Name of instrument\n\n This instrument is the Veterans’ Children Education Scheme.\n\n## 2 Commencement\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n Each provision of this Instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Provision(s)

Commencement

Item 1‑ Any provision in this Instrument not elsewhere covered by this table.

Day after registration

Item 2‑ Paragraphs 2.6.2 and 2.6.3

1 January 2014

\n```\n\n## 3 Saving and Transitional Provisions\n\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Saving and Transitional Provisions","content":"#### 3 Saving and Transitional Provisions\n\n (a) A person eligible for an education allowance or other benefit under the Veterans’ Children Education Scheme (Instrument 1992 No. 11) immediately before the commencement of the provisions of this instrument mentioned in item 1 of the Table above (provisions), being an education allowance or other benefit covered by this instrument, is, on the commencement of the provisions, eligible for the education allowance or other benefit under this instrument as if eligibility had been derived from this instrument.\n\nNote: the intention is to enable a seamless transition of eligibility from the former Scheme to the current one.\n\n (c) A process (e.g. claim, review) commenced under the Veterans’ Children Education Scheme (Instrument 1992 No. 11) (former instrument) and not finalised before the revocation of the former instrument by this instrument, is taken to have commenced under this instrument and may be finalised under this instrument.\n (d) A form approved by the Repatriation Commission (Commission) under the Veterans’ Children Education Scheme (Instrument 1992 No. 11) (former instrument) and current immediately before the revocation of the former instrument by this instrument, is taken to have been approved by the Commission under this instrument.\n (e) Any funds bequeathed in trust for the benefit of eligible students that the Commission had determined to be administered by a Veterans’ Children Education Board, and in existence immediately before the commencement of the instrument, the Veterans’ Children Education Schemes (Education Boards) Amendment Determination 2021, will, after the commencement of that instrument, be administered by the Commission.\n\n## 4 Application\n\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"#### 4 Application\n\n The date of effect in respect of the eligibility of a person in paragraph 3(a) for an education allowance or other benefit under this instrument, being the type of allowance or benefit the person was eligible for under the Veterans’ Children Education Scheme (Instrument 1992 No. 11) (former instrument) immediately before its revocation by this instrument, is, in relation to that allowance or benefit as provided under this instrument, the date of effect under the former instrument.\n\n> Note (1): see paragraph 2.4.1\n\n> Note (2): the intention is to enable a seamless transition of eligibility from the former Scheme to the current one.\n\n","sortOrder":3},{"sectionNumber":"Part PART 1","sectionType":"part","heading":"Introduction","content":"## PART 1 Introduction\n\n> “ABSTUDY Scheme” means the Australian Government program designed to rectify the educational disadvantages faced by Aboriginal and Torres Strait Islander people by improving educational outcomes to a level commensurate with the Australian population in general.\n\n> Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.\n\n (b) a person approved by the Commission if none of the persons in sub‑paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.\n\n (a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).\n\n> “Commonwealth Accommodation Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “Commonwealth Education Costs Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “course not otherwise approved” means a course that is not an approved course of education or study under Part 2.11 of the Social Security Act 1991.\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection 23(1) of that Act; or\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection 23(1) of that Act; or\n\n> For the purposes of this definition “parent” includes an adoptive parent or step‑parent, “member” means a member of the Forces or a member of a Peacekeeping Force and “veteran” means a veteran described in the definition of “eligible child of a veteran” in section 116 of the Act.\n\n> “fare” means the amount of money a student must pay in order to use public or private transport to travel between the student’s home and the student’s place of study.\n\n (a) if the course is of primary education or secondary education—the student has an average of 20 contact hours per week over the duration of the course; or\n (b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—\n (i) the Commission is satisfied that, throughout the period the student undertakes the course, the student is undertaking full-time study for the purposes of subsection 541B(1) of the SSA; or\n\n> Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.\n\n“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).\n\nLong Tan Bursary means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child or eligible grandchild of a Vietnam veteran in order to assist the person with their tertiary education.\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n> “student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.\n\n> change day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\n (a) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.1 — the day that determination is made; or\n (b) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.2 or 3A.1.3—the day specified in that determination because of paragraph 3A.1.4.\n\n> Note: The day specified in the determination because of paragraph 3A.1.4 is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\n (a) for a person eligible under paragraph 3A.1.1 or 3A.1.2 for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or\n (b) for a person eligible under paragraph 3A.1.3 for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013.\n\n> Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.\n\n> energy supplement means energy supplement payable under paragraph 3A.12.1 for a clean energy underlying payment at a rate determined under or by reference to the clean energy underlying payment.\n\n> most recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\n> most recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\n> MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\n> new change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under PART 3A.\n\n> new clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\n> new clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\n> original clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\n> original payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\n> original payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\n 1.3.1 The Scheme is established under the provisions of Part VII of the Veterans’ Entitlements Act 1986 (the Act) and has been prepared in accordance with section 117 of the Act by the Commission and approved by the Minister administering the Act.\n\n 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible beneficiaries and their parents, guardians or trustees.\n\n 1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.\n\n 2.1A.1 A person who is an Eligible child by virtue of a determination by the Commission under subsection 116C(2) of the Act that the person is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2) (hereafter described as the Long Tan Class of Person) may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the person is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the person is within the Long Tan Class of Person.\n\n> Note: the intention is that in order for a person to be eligible under the Scheme for benefits generally, the person must be eligible for benefits on a ground other than that of being a person within a Long Tan Class of Person. A person who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Person is only eligible for the Long Tan Bursary and no other benefit under the Scheme. However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Person.\n\n> Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.4 and 7.5.\n\n (d) if the veteran or dependant is unable to do so by reason of physical or mental incapacity, on behalf of the veteran or dependant — by a person approved by the Commission; or\n (i)\n\n r\n (iii) if there is no parent or guardian in respect of the dependant alive, or willing, or able to make application on behalf of the dependant or there is no other person approved by the parent or guardian of the dependant alive, or willing, or able to make application on behalf of the dependant — another person approved by the Commission.\n\n whichever date is the later, providing that on that date, the student has not yet attained 25 years of age, and subject to clearances for the purpose specified in paragraph 2.11.1 with the responsible Departments for those students aged sixteen years and over.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n 2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.\n 2.5.2 Where the Commission is of the opinion that a tertiary student aged sixteen years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.\n\n 2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.\n\n 2.6.1 Subject to paragraph 2.6.2 or unless the Repatriation Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must:\n 2.6.2 Subject to 2.6.3, if a student is eligible for an education allowance under PART 3 for secondary education (secondary student) or tertiary education (tertiary student), and the student undertakes a course of study outside Australia, then for the period of the study:\n (a) if the student is a secondary student — the student is eligible for an education allowance at the rate under 3.8.1(c) for a secondary student who lives away from home; or\n (b) if the student is a tertiary student — the student is eligible for an education allowance at the rate under 3.8.3 for a tertiary student who lives away from home.\n\n> Note: rent assistance, where the student is outside Australia, is covered by paragraph 5.5 and is limited to rent assistance for the student’s premises in Australia and for a maximum period of 26 weeks.\n\n (c) a course of tertiary study that would not qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991, but which:\n (ii) no other course of tertiary study that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991 is suitable or available.\n\n 2.7.2 Benefits may be provided to a student for part‑time study and such a student shall be deemed for the purposes of the Scheme to be undertaking full‑time study, where:\n (a) the Commission is satisfied that the amount of study that the student must complete in order to finish a course constitutes less than one year full‑time study; or\n (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.\n\n 2.10.1 Where a primary or secondary student ceases to participate in the normal activities of a course for more than fifteen days in any year without reasonable cause, the Commission may review the student’s eligibility for continuing benefits under the Scheme and may suspend the payment of allowances.\n 2.10.2 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are due to sickness or to reasons beyond the student’s control, such absences may be disregarded.\n 2.10.3 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, the Commission may determine that the education allowance and/or other benefits shall be suspended.\n 2.10.4 The Commission may determine that benefits withdrawn under paragraph 2.10.3 be restored if it is satisfied that the student has resumed satisfactory progress.\n\n 2.11.1 A student must not be paid a benefit under the Scheme if, apart from under the Scheme, the student receives from the Commonwealth:\n 2.11.2 However, a student who receives the assistance or payment may be paid a benefit under the Scheme if the assistance or payment:\n (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or\n (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or\n (d) is a payment received under a grant mentioned in the second column for item 15 of the table in subsection 41-10(1) of the Higher Education Support Act 2003, whether the student receives the payment before, on or after the day this paragraph commences.\n\n 2.12.1 If a student receives an education allowance under the Scheme, that student is, in the absence of a contrary intention, ineligible to receive any other education allowance under the Scheme.\n\n 3.1.1 The education allowances under the Scheme are paid as compensation and are designed to provide financial assistance towards the cost of an eligible child’s education.\n\n 3.2.2 The annual education allowance referred to in paragraph 3.2.1 shall be paid in full in respect of any initial part year.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n 3.3.1 An education allowance for a secondary student or a tertiary student shall be payable fortnightly in advance, in respect of a student living at home and undertaking education as approved by the Commission.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n 3.4.1 Living away from home rates of education allowance may be paid in respect of a student undertaking full time secondary education if the Commission is satisfied that additional expenses are incurred as a result of the student living away from home, and\n (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or\n\nNote: the Assistance for Isolated Children Scheme is a non‑statutory scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.\n\n (b) if subparagraph (a) does not apply and a parent or guardian of the student is entitled to be paid the family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (c) if both subparagraphs (a) and (b) do not apply—a person approved by the Commission to receive the payment on behalf of the student.\n\n3.4.3 Also, if the Commission considers it inappropriate to pay the allowance to any of the people mentioned in subparagraphs 3.4.2(a) and (b), the allowance must be paid to another person approved by the Commission to receive the payment on behalf of the student.\n\n 3.4.5 If only part of the allowance is paid to the institution or individual providing board to the student, the remaining part of the allowance must be paid to:\n\n3.4.6 A person who is to be paid an allowance under subparagraph 3.4.2(a) or 3.4.5(a) may give written notice to the Commission:\n\n 3.5.1 Living away from home rates of education allowance may be paid to a tertiary student undertaking an approved full‑time tertiary or technical and further education course, where the Commission is satisfied that additional expenses are incurred as a result of the student living away from home; and\n\n 3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child:\n 3.6.1A For the purposes 3.6.1(c), an Eligible child is independent if the child would be independent for the Youth Allowance.\n\n 3.6.2 If a student has been granted homeless student status under paragraph 3.6.1, education allowance is to be paid at a rate equivalent to the maximum basic rate payable under point 1067G‑B3 of the Social Security Act 1991 in respect of a person who is independent.\n 3.6.3 Fortnightly payment of the allowance under paragraph 3.6.2 is to be made to the student, or to an appropriate person if the Commission considers it unlikely that the student would be capable of managing his or her own finances.\n\n 3.6A.1 A student who is a double orphan and who is also a secondary or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training.\n (b) for secondary students 16 years of age or over — to an appropriate person who will have the option of directing payment to the student;\n\n3.7.1 Where a student, referred to in paragraph 2.7.2, has been approved for benefits while undertaking part‑time study, that student shall receive the full‑time rate of education allowances.\n\n> Note 1: The amount of education allowance for secondary students aged sixteen years and over and living away from home, secondary students aged sixteen years and over and who are also double orphans, and tertiary students, including tertiary students living away from home, is set under paragraph 3.8.3.\n\n> Note 2: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are the rates payable on 20 September 2023.\n\n> Note 3: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are adjusted 12‑monthly (see paragraph 3.8.2) every 1 January.\n\n 3.8.2 The allowances specified in paragraph 3.8.1 are to be indexed annually in accordance with the procedure set out in section 1191(1)(table item 3A) of the Social Security Act 1991 for the indexation of benefits under that Act except that the reference to ‘YA MBR’ in column 2 of item 3A of the CPI Indexation Table in subsection 1191(1) is, for the purpose of the indexation of the relevant allowances under the Scheme, taken to be a reference to the relevant allowance specified in sub‑paragraph 3.8.1(a), (b), (c) or (d).\n\n3.8.3 The fortnightly education allowances payable in respect of all students who are 16 years old or older must be paid at a rate equivalent to the maximum basic rate of youth allowance (as indexed annually) payable under Part 3.5 of the Social Security Act 1991.\n\n","sortOrder":4},{"sectionNumber":"1.2","sectionType":"section","heading":"Interpretation","content":"## 1.2 Interpretation\n\n> “ABSTUDY Scheme” means the Australian Government program designed to rectify the educational disadvantages faced by Aboriginal and Torres Strait Islander people by improving educational outcomes to a level commensurate with the Australian population in general.\n\n> Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.\n\n (b) a person approved by the Commission if none of the persons in sub‑paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.\n\n (a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).\n\n> “Commonwealth Accommodation Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “Commonwealth Education Costs Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “course not otherwise approved” means a course that is not an approved course of education or study under Part 2.11 of the Social Security Act 1991.\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection 23(1) of that Act; or\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection 23(1) of that Act; or\n\n> For the purposes of this definition “parent” includes an adoptive parent or step‑parent, “member” means a member of the Forces or a member of a Peacekeeping Force and “veteran” means a veteran described in the definition of “eligible child of a veteran” in section 116 of the Act.\n\n> “fare” means the amount of money a student must pay in order to use public or private transport to travel between the student’s home and the student’s place of study.\n\n (a) if the course is of primary education or secondary education—the student has an average of 20 contact hours per week over the duration of the course; or\n (b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—\n (i) the Commission is satisfied that, throughout the period the student undertakes the course, the student is undertaking full-time study for the purposes of subsection 541B(1) of the SSA; or\n\n> Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.\n\n“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).\n\nLong Tan Bursary means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child or eligible grandchild of a Vietnam veteran in order to assist the person with their tertiary education.\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n> “student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.\n\n> change day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\n (a) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.1 — the day that determination is made; or\n (b) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.2 or 3A.1.3—the day specified in that determination because of paragraph 3A.1.4.\n\n> Note: The day specified in the determination because of paragraph 3A.1.4 is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\n (a) for a person eligible under paragraph 3A.1.1 or 3A.1.2 for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or\n (b) for a person eligible under paragraph 3A.1.3 for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013.\n\n> Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.\n\n> energy supplement means energy supplement payable under paragraph 3A.12.1 for a clean energy underlying payment at a rate determined under or by reference to the clean energy underlying payment.\n\n> most recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\n> most recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\n> MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\n> new change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under PART 3A.\n\n> new clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\n> new clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\n> original clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\n> original payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\n> original payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\n","sortOrder":5},{"sectionNumber":"1.3","sectionType":"section","heading":"Authority for the Scheme","content":"## 1.3 Authority for the Scheme\n\n 1.3.1 The Scheme is established under the provisions of Part VII of the Veterans’ Entitlements Act 1986 (the Act) and has been prepared in accordance with section 117 of the Act by the Commission and approved by the Minister administering the Act.\n\n","sortOrder":6},{"sectionNumber":"1.4","sectionType":"section","heading":"Purpose of the Scheme","content":"## 1.4 Purpose of the Scheme\n\n 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible beneficiaries and their parents, guardians or trustees.\n\n","sortOrder":7},{"sectionNumber":"1.5","sectionType":"section","heading":"Administration of the Scheme","content":"## 1.5 Administration of the Scheme\n\n 1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.\n\n","sortOrder":8},{"sectionNumber":"Part PART 2","sectionType":"part","heading":"Eligibility Conditions","content":"## PART 2 Eligibility Conditions\n\n> “ABSTUDY Scheme” means the Australian Government program designed to rectify the educational disadvantages faced by Aboriginal and Torres Strait Islander people by improving educational outcomes to a level commensurate with the Australian population in general.\n\n> Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.\n\n (b) a person approved by the Commission if none of the persons in sub‑paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.\n\n (a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).\n\n> “Commonwealth Accommodation Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “Commonwealth Education Costs Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “course not otherwise approved” means a course that is not an approved course of education or study under Part 2.11 of the Social Security Act 1991.\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection 23(1) of that Act; or\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection 23(1) of that Act; or\n\n> For the purposes of this definition “parent” includes an adoptive parent or step‑parent, “member” means a member of the Forces or a member of a Peacekeeping Force and “veteran” means a veteran described in the definition of “eligible child of a veteran” in section 116 of the Act.\n\n> “fare” means the amount of money a student must pay in order to use public or private transport to travel between the student’s home and the student’s place of study.\n\n (a) if the course is of primary education or secondary education—the student has an average of 20 contact hours per week over the duration of the course; or\n (b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—\n (i) the Commission is satisfied that, throughout the period the student undertakes the course, the student is undertaking full-time study for the purposes of subsection 541B(1) of the SSA; or\n\n> Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.\n\n“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).\n\nLong Tan Bursary means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child or eligible grandchild of a Vietnam veteran in order to assist the person with their tertiary education.\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n> “student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.\n\n> change day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\n (a) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.1 — the day that determination is made; or\n (b) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.2 or 3A.1.3—the day specified in that determination because of paragraph 3A.1.4.\n\n> Note: The day specified in the determination because of paragraph 3A.1.4 is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\n (a) for a person eligible under paragraph 3A.1.1 or 3A.1.2 for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or\n (b) for a person eligible under paragraph 3A.1.3 for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013.\n\n> Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.\n\n> energy supplement means energy supplement payable under paragraph 3A.12.1 for a clean energy underlying payment at a rate determined under or by reference to the clean energy underlying payment.\n\n> most recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\n> most recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\n> MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\n> new change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under PART 3A.\n\n> new clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\n> new clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\n> original clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\n> original payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\n> original payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\n 1.3.1 The Scheme is established under the provisions of Part VII of the Veterans’ Entitlements Act 1986 (the Act) and has been prepared in accordance with section 117 of the Act by the Commission and approved by the Minister administering the Act.\n\n 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible beneficiaries and their parents, guardians or trustees.\n\n 1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.\n\n 2.1A.1 A person who is an Eligible child by virtue of a determination by the Commission under subsection 116C(2) of the Act that the person is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2) (hereafter described as the Long Tan Class of Person) may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the person is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the person is within the Long Tan Class of Person.\n\n> Note: the intention is that in order for a person to be eligible under the Scheme for benefits generally, the person must be eligible for benefits on a ground other than that of being a person within a Long Tan Class of Person. A person who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Person is only eligible for the Long Tan Bursary and no other benefit under the Scheme. However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Person.\n\n> Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.4 and 7.5.\n\n (d) if the veteran or dependant is unable to do so by reason of physical or mental incapacity, on behalf of the veteran or dependant — by a person approved by the Commission; or\n (i)\n\n r\n (iii) if there is no parent or guardian in respect of the dependant alive, or willing, or able to make application on behalf of the dependant or there is no other person approved by the parent or guardian of the dependant alive, or willing, or able to make application on behalf of the dependant — another person approved by the Commission.\n\n whichever date is the later, providing that on that date, the student has not yet attained 25 years of age, and subject to clearances for the purpose specified in paragraph 2.11.1 with the responsible Departments for those students aged sixteen years and over.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n 2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.\n 2.5.2 Where the Commission is of the opinion that a tertiary student aged sixteen years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.\n\n 2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.\n\n 2.6.1 Subject to paragraph 2.6.2 or unless the Repatriation Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must:\n 2.6.2 Subject to 2.6.3, if a student is eligible for an education allowance under PART 3 for secondary education (secondary student) or tertiary education (tertiary student), and the student undertakes a course of study outside Australia, then for the period of the study:\n (a) if the student is a secondary student — the student is eligible for an education allowance at the rate under 3.8.1(c) for a secondary student who lives away from home; or\n (b) if the student is a tertiary student — the student is eligible for an education allowance at the rate under 3.8.3 for a tertiary student who lives away from home.\n\n> Note: rent assistance, where the student is outside Australia, is covered by paragraph 5.5 and is limited to rent assistance for the student’s premises in Australia and for a maximum period of 26 weeks.\n\n (c) a course of tertiary study that would not qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991, but which:\n (ii) no other course of tertiary study that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991 is suitable or available.\n\n 2.7.2 Benefits may be provided to a student for part‑time study and such a student shall be deemed for the purposes of the Scheme to be undertaking full‑time study, where:\n (a) the Commission is satisfied that the amount of study that the student must complete in order to finish a course constitutes less than one year full‑time study; or\n (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.\n\n 2.10.1 Where a primary or secondary student ceases to participate in the normal activities of a course for more than fifteen days in any year without reasonable cause, the Commission may review the student’s eligibility for continuing benefits under the Scheme and may suspend the payment of allowances.\n 2.10.2 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are due to sickness or to reasons beyond the student’s control, such absences may be disregarded.\n 2.10.3 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, the Commission may determine that the education allowance and/or other benefits shall be suspended.\n 2.10.4 The Commission may determine that benefits withdrawn under paragraph 2.10.3 be restored if it is satisfied that the student has resumed satisfactory progress.\n\n 2.11.1 A student must not be paid a benefit under the Scheme if, apart from under the Scheme, the student receives from the Commonwealth:\n 2.11.2 However, a student who receives the assistance or payment may be paid a benefit under the Scheme if the assistance or payment:\n (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or\n (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or\n (d) is a payment received under a grant mentioned in the second column for item 15 of the table in subsection 41-10(1) of the Higher Education Support Act 2003, whether the student receives the payment before, on or after the day this paragraph commences.\n\n 2.12.1 If a student receives an education allowance under the Scheme, that student is, in the absence of a contrary intention, ineligible to receive any other education allowance under the Scheme.\n\n 3.1.1 The education allowances under the Scheme are paid as compensation and are designed to provide financial assistance towards the cost of an eligible child’s education.\n\n 3.2.2 The annual education allowance referred to in paragraph 3.2.1 shall be paid in full in respect of any initial part year.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n 3.3.1 An education allowance for a secondary student or a tertiary student shall be payable fortnightly in advance, in respect of a student living at home and undertaking education as approved by the Commission.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n 3.4.1 Living away from home rates of education allowance may be paid in respect of a student undertaking full time secondary education if the Commission is satisfied that additional expenses are incurred as a result of the student living away from home, and\n (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or\n\nNote: the Assistance for Isolated Children Scheme is a non‑statutory scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.\n\n (b) if subparagraph (a) does not apply and a parent or guardian of the student is entitled to be paid the family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (c) if both subparagraphs (a) and (b) do not apply—a person approved by the Commission to receive the payment on behalf of the student.\n\n3.4.3 Also, if the Commission considers it inappropriate to pay the allowance to any of the people mentioned in subparagraphs 3.4.2(a) and (b), the allowance must be paid to another person approved by the Commission to receive the payment on behalf of the student.\n\n 3.4.5 If only part of the allowance is paid to the institution or individual providing board to the student, the remaining part of the allowance must be paid to:\n\n3.4.6 A person who is to be paid an allowance under subparagraph 3.4.2(a) or 3.4.5(a) may give written notice to the Commission:\n\n 3.5.1 Living away from home rates of education allowance may be paid to a tertiary student undertaking an approved full‑time tertiary or technical and further education course, where the Commission is satisfied that additional expenses are incurred as a result of the student living away from home; and\n\n 3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child:\n 3.6.1A For the purposes 3.6.1(c), an Eligible child is independent if the child would be independent for the Youth Allowance.\n\n 3.6.2 If a student has been granted homeless student status under paragraph 3.6.1, education allowance is to be paid at a rate equivalent to the maximum basic rate payable under point 1067G‑B3 of the Social Security Act 1991 in respect of a person who is independent.\n 3.6.3 Fortnightly payment of the allowance under paragraph 3.6.2 is to be made to the student, or to an appropriate person if the Commission considers it unlikely that the student would be capable of managing his or her own finances.\n\n 3.6A.1 A student who is a double orphan and who is also a secondary or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training.\n (b) for secondary students 16 years of age or over — to an appropriate person who will have the option of directing payment to the student;\n\n3.7.1 Where a student, referred to in paragraph 2.7.2, has been approved for benefits while undertaking part‑time study, that student shall receive the full‑time rate of education allowances.\n\n> Note 1: The amount of education allowance for secondary students aged sixteen years and over and living away from home, secondary students aged sixteen years and over and who are also double orphans, and tertiary students, including tertiary students living away from home, is set under paragraph 3.8.3.\n\n> Note 2: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are the rates payable on 20 September 2023.\n\n> Note 3: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are adjusted 12‑monthly (see paragraph 3.8.2) every 1 January.\n\n 3.8.2 The allowances specified in paragraph 3.8.1 are to be indexed annually in accordance with the procedure set out in section 1191(1)(table item 3A) of the Social Security Act 1991 for the indexation of benefits under that Act except that the reference to ‘YA MBR’ in column 2 of item 3A of the CPI Indexation Table in subsection 1191(1) is, for the purpose of the indexation of the relevant allowances under the Scheme, taken to be a reference to the relevant allowance specified in sub‑paragraph 3.8.1(a), (b), (c) or (d).\n\n3.8.3 The fortnightly education allowances payable in respect of all students who are 16 years old or older must be paid at a rate equivalent to the maximum basic rate of youth allowance (as indexed annually) payable under Part 3.5 of the Social Security Act 1991.\n\n","sortOrder":9},{"sectionNumber":"2.1","sectionType":"section","heading":"Eligible child","content":"## 2.1 Eligible child\n\n","sortOrder":10},{"sectionNumber":"2.1A","sectionType":"section","heading":"Eligible child Entitlement Restrict 2.1A Eligible child Entitlement Restrictions","content":"## 2.1A Eligible child Entitlement Restrict 2.1A Eligible child Entitlement Restrictions\n\n 2.1A.1 A person who is an Eligible child by virtue of a determination by the Commission under subsection 116C(2) of the Act that the person is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2) (hereafter described as the Long Tan Class of Person) may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the person is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the person is within the Long Tan Class of Person.\n\n> Note: the intention is that in order for a person to be eligible under the Scheme for benefits generally, the person must be eligible for benefits on a ground other than that of being a person within a Long Tan Class of Person. A person who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Person is only eligible for the Long Tan Bursary and no other benefit under the Scheme. However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Person.\n\n","sortOrder":11},{"sectionNumber":"2.2","sectionType":"section","heading":"Claim for benefits","content":"## 2.2 Claim for benefits\n\n> Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.4 and 7.5.\n\n","sortOrder":12},{"sectionNumber":"2.3","sectionType":"section","heading":"Who may claim","content":"## 2.3 Who may claim\n\n (d) if the veteran or dependant is unable to do so by reason of physical or mental incapacity, on behalf of the veteran or dependant — by a person approved by the Commission; or\n (i)\n\n r\n (iii) if there is no parent or guardian in respect of the dependant alive, or willing, or able to make application on behalf of the dependant or there is no other person approved by the parent or guardian of the dependant alive, or willing, or able to make application on behalf of the dependant — another person approved by the Commission.\n\n","sortOrder":13},{"sectionNumber":"2.4","sectionType":"section","heading":"Commencement of assistance under the Scheme","content":"## 2.4 Commencement of assistance under the Scheme\n\n whichever date is the later, providing that on that date, the student has not yet attained 25 years of age, and subject to clearances for the purpose specified in paragraph 2.11.1 with the responsible Departments for those students aged sixteen years and over.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n","sortOrder":14},{"sectionNumber":"2.5","sectionType":"section","heading":"Cessation of assistance under the Scheme","content":"## 2.5 Cessation of assistance under the Scheme\n\n 2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.\n 2.5.2 Where the Commission is of the opinion that a tertiary student aged sixteen years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.\n\n 2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.\n\n","sortOrder":15},{"sectionNumber":"2.6","sectionType":"section","heading":"Place of Study","content":"## 2.6 Place of Study\n\n 2.6.1 Subject to paragraph 2.6.2 or unless the Repatriation Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must:\n 2.6.2 Subject to 2.6.3, if a student is eligible for an education allowance under PART 3 for secondary education (secondary student) or tertiary education (tertiary student), and the student undertakes a course of study outside Australia, then for the period of the study:\n (a) if the student is a secondary student — the student is eligible for an education allowance at the rate under 3.8.1(c) for a secondary student who lives away from home; or\n (b) if the student is a tertiary student — the student is eligible for an education allowance at the rate under 3.8.3 for a tertiary student who lives away from home.\n\n> Note: rent assistance, where the student is outside Australia, is covered by paragraph 5.5 and is limited to rent assistance for the student’s premises in Australia and for a maximum period of 26 weeks.\n\n","sortOrder":16},{"sectionNumber":"2.7","sectionType":"section","heading":"Course coverage","content":"## 2.7 Course coverage\n\n (c) a course of tertiary study that would not qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991, but which:\n (ii) no other course of tertiary study that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991 is suitable or available.\n\n 2.7.2 Benefits may be provided to a student for part‑time study and such a student shall be deemed for the purposes of the Scheme to be undertaking full‑time study, where:\n (a) the Commission is satisfied that the amount of study that the student must complete in order to finish a course constitutes less than one year full‑time study; or\n (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.\n\n","sortOrder":17},{"sectionNumber":"2.10","sectionType":"section","heading":"Absences from study for primary and secondary students","content":"## 2.10 Absences from study for primary and secondary students\n\n 2.10.1 Where a primary or secondary student ceases to participate in the normal activities of a course for more than fifteen days in any year without reasonable cause, the Commission may review the student’s eligibility for continuing benefits under the Scheme and may suspend the payment of allowances.\n 2.10.2 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are due to sickness or to reasons beyond the student’s control, such absences may be disregarded.\n 2.10.3 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, the Commission may determine that the education allowance and/or other benefits shall be suspended.\n 2.10.4 The Commission may determine that benefits withdrawn under paragraph 2.10.3 be restored if it is satisfied that the student has resumed satisfactory progress.\n\n","sortOrder":18},{"sectionNumber":"2.11","sectionType":"section","heading":"Effect of other assistance on eligibility","content":"## 2.11 Effect of other assistance on eligibility\n\n 2.11.1 A student must not be paid a benefit under the Scheme if, apart from under the Scheme, the student receives from the Commonwealth:\n 2.11.2 However, a student who receives the assistance or payment may be paid a benefit under the Scheme if the assistance or payment:\n (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or\n (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or\n (d) is a payment received under a grant mentioned in the second column for item 15 of the table in subsection 41-10(1) of the Higher Education Support Act 2003, whether the student receives the payment before, on or after the day this paragraph commences.\n\n","sortOrder":19},{"sectionNumber":"2.12","sectionType":"section","heading":"Allowances mutually exclusive","content":"## 2.12 Allowances mutually exclusive\n\n 2.12.1 If a student receives an education allowance under the Scheme, that student is, in the absence of a contrary intention, ineligible to receive any other education allowance under the Scheme.\n\n","sortOrder":20},{"sectionNumber":"Part PART 3","sectionType":"part","heading":"Education Allowances","content":"## PART 3 Education Allowances\n\n> “ABSTUDY Scheme” means the Australian Government program designed to rectify the educational disadvantages faced by Aboriginal and Torres Strait Islander people by improving educational outcomes to a level commensurate with the Australian population in general.\n\n> Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.\n\n (b) a person approved by the Commission if none of the persons in sub‑paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.\n\n (a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).\n\n> “Commonwealth Accommodation Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “Commonwealth Education Costs Scholarship” means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003 (in force from time to time).\n\n> “course not otherwise approved” means a course that is not an approved course of education or study under Part 2.11 of the Social Security Act 1991.\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection 23(1) of that Act; or\n\n (ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection 23(1) of that Act; or\n\n> For the purposes of this definition “parent” includes an adoptive parent or step‑parent, “member” means a member of the Forces or a member of a Peacekeeping Force and “veteran” means a veteran described in the definition of “eligible child of a veteran” in section 116 of the Act.\n\n> “fare” means the amount of money a student must pay in order to use public or private transport to travel between the student’s home and the student’s place of study.\n\n (a) if the course is of primary education or secondary education—the student has an average of 20 contact hours per week over the duration of the course; or\n (b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—\n (i) the Commission is satisfied that, throughout the period the student undertakes the course, the student is undertaking full-time study for the purposes of subsection 541B(1) of the SSA; or\n\n> Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.\n\n“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).\n\nLong Tan Bursary means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child or eligible grandchild of a Vietnam veteran in order to assist the person with their tertiary education.\n\n> Note: a new apprentice includes a person who has a current Commonwealth registration number in relation to a full‑time traineeship or trainee apprenticeship under the scheme known as New Apprenticeships.\n\n> “responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n> “student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.\n\n> change day means the day on which a person has a change in circumstances that results in a change to the type or rate of clean energy base payment that the person receives.\n\n (a) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.1 — the day that determination is made; or\n (b) for a person eligible for a clean energy advance because of a determination made under paragraph 3A.1.2 or 3A.1.3—the day specified in that determination because of paragraph 3A.1.4.\n\n> Note: The day specified in the determination because of paragraph 3A.1.4 is the first day during the clean energy advance period for which the person satisfies the eligibility requirements, disregarding any short temporary absence from Australia.\n\n (a) for a person eligible under paragraph 3A.1.1 or 3A.1.2 for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or\n (b) for a person eligible under paragraph 3A.1.3 for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013.\n\n> Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.\n\n> energy supplement means energy supplement payable under paragraph 3A.12.1 for a clean energy underlying payment at a rate determined under or by reference to the clean energy underlying payment.\n\n> most recent change day means the change day that is closest in time to the day the person’s top‑up payment is being calculated.\n\n> most recent clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person’s clean energy advance eligibility day was the most recent change day.\n\n> MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.\n\n> new change day, in relation to a person, means a change day that occurs after the person has previously been eligible for a top‑up payment under PART 3A.\n\n> new clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person was first eligible for a clean energy advance on the change day.\n\n> new clean energy advance period, in relation to a person, means the clean energy advance period that applies to the person from the change day.\n\n> original clean energy advance daily rate, in relation to a person, means the clean energy advance daily rate that was used to calculate the person’s original payment.\n\n> original payment, in relation to a person, means the clean energy advance (advance) originally paid to the person in respect of a clean energy underlying payment, for the clean energy advance period in respect of that advance.\n\n> original payment start day, in relation to a person’s original payment, means the later of the start of the clean energy advance period for the original payment or the person’s clean energy advance eligibility day.\n\n 1.3.1 The Scheme is established under the provisions of Part VII of the Veterans’ Entitlements Act 1986 (the Act) and has been prepared in accordance with section 117 of the Act by the Commission and approved by the Minister administering the Act.\n\n 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible beneficiaries and their parents, guardians or trustees.\n\n 1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.\n\n 2.1A.1 A person who is an Eligible child by virtue of a determination by the Commission under subsection 116C(2) of the Act that the person is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2) (hereafter described as the Long Tan Class of Person) may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the person is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the person is within the Long Tan Class of Person.\n\n> Note: the intention is that in order for a person to be eligible under the Scheme for benefits generally, the person must be eligible for benefits on a ground other than that of being a person within a Long Tan Class of Person. A person who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Person is only eligible for the Long Tan Bursary and no other benefit under the Scheme. However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Person.\n\n> Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.4 and 7.5.\n\n (d) if the veteran or dependant is unable to do so by reason of physical or mental incapacity, on behalf of the veteran or dependant — by a person approved by the Commission; or\n (i)\n\n r\n (iii) if there is no parent or guardian in respect of the dependant alive, or willing, or able to make application on behalf of the dependant or there is no other person approved by the parent or guardian of the dependant alive, or willing, or able to make application on behalf of the dependant — another person approved by the Commission.\n\n whichever date is the later, providing that on that date, the student has not yet attained 25 years of age, and subject to clearances for the purpose specified in paragraph 2.11.1 with the responsible Departments for those students aged sixteen years and over.\n\n> Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).\n\n 2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.\n 2.5.2 Where the Commission is of the opinion that a tertiary student aged sixteen years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.\n\n 2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.\n\n 2.6.1 Subject to paragraph 2.6.2 or unless the Repatriation Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must:\n 2.6.2 Subject to 2.6.3, if a student is eligible for an education allowance under PART 3 for secondary education (secondary student) or tertiary education (tertiary student), and the student undertakes a course of study outside Australia, then for the period of the study:\n (a) if the student is a secondary student — the student is eligible for an education allowance at the rate under 3.8.1(c) for a secondary student who lives away from home; or\n (b) if the student is a tertiary student — the student is eligible for an education allowance at the rate under 3.8.3 for a tertiary student who lives away from home.\n\n> Note: rent assistance, where the student is outside Australia, is covered by paragraph 5.5 and is limited to rent assistance for the student’s premises in Australia and for a maximum period of 26 weeks.\n\n (c) a course of tertiary study that would not qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991, but which:\n (ii) no other course of tertiary study that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991 is suitable or available.\n\n 2.7.2 Benefits may be provided to a student for part‑time study and such a student shall be deemed for the purposes of the Scheme to be undertaking full‑time study, where:\n (a) the Commission is satisfied that the amount of study that the student must complete in order to finish a course constitutes less than one year full‑time study; or\n (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.\n\n 2.10.1 Where a primary or secondary student ceases to participate in the normal activities of a course for more than fifteen days in any year without reasonable cause, the Commission may review the student’s eligibility for continuing benefits under the Scheme and may suspend the payment of allowances.\n 2.10.2 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are due to sickness or to reasons beyond the student’s control, such absences may be disregarded.\n 2.10.3 Where the Commission is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, the Commission may determine that the education allowance and/or other benefits shall be suspended.\n 2.10.4 The Commission may determine that benefits withdrawn under paragraph 2.10.3 be restored if it is satisfied that the student has resumed satisfactory progress.\n\n 2.11.1 A student must not be paid a benefit under the Scheme if, apart from under the Scheme, the student receives from the Commonwealth:\n 2.11.2 However, a student who receives the assistance or payment may be paid a benefit under the Scheme if the assistance or payment:\n (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or\n (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or\n (d) is a payment received under a grant mentioned in the second column for item 15 of the table in subsection 41-10(1) of the Higher Education Support Act 2003, whether the student receives the payment before, on or after the day this paragraph commences.\n\n 2.12.1 If a student receives an education allowance under the Scheme, that student is, in the absence of a contrary intention, ineligible to receive any other education allowance under the Scheme.\n\n 3.1.1 The education allowances under the Scheme are paid as compensation and are designed to provide financial assistance towards the cost of an eligible child’s education.\n\n 3.2.2 The annual education allowance referred to in paragraph 3.2.1 shall be paid in full in respect of any initial part year.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n 3.3.1 An education allowance for a secondary student or a tertiary student shall be payable fortnightly in advance, in respect of a student living at home and undertaking education as approved by the Commission.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n 3.4.1 Living away from home rates of education allowance may be paid in respect of a student undertaking full time secondary education if the Commission is satisfied that additional expenses are incurred as a result of the student living away from home, and\n (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or\n\nNote: the Assistance for Isolated Children Scheme is a non‑statutory scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.\n\n (b) if subparagraph (a) does not apply and a parent or guardian of the student is entitled to be paid the family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (c) if both subparagraphs (a) and (b) do not apply—a person approved by the Commission to receive the payment on behalf of the student.\n\n3.4.3 Also, if the Commission considers it inappropriate to pay the allowance to any of the people mentioned in subparagraphs 3.4.2(a) and (b), the allowance must be paid to another person approved by the Commission to receive the payment on behalf of the student.\n\n 3.4.5 If only part of the allowance is paid to the institution or individual providing board to the student, the remaining part of the allowance must be paid to:\n\n3.4.6 A person who is to be paid an allowance under subparagraph 3.4.2(a) or 3.4.5(a) may give written notice to the Commission:\n\n 3.5.1 Living away from home rates of education allowance may be paid to a tertiary student undertaking an approved full‑time tertiary or technical and further education course, where the Commission is satisfied that additional expenses are incurred as a result of the student living away from home; and\n\n 3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child:\n 3.6.1A For the purposes 3.6.1(c), an Eligible child is independent if the child would be independent for the Youth Allowance.\n\n 3.6.2 If a student has been granted homeless student status under paragraph 3.6.1, education allowance is to be paid at a rate equivalent to the maximum basic rate payable under point 1067G‑B3 of the Social Security Act 1991 in respect of a person who is independent.\n 3.6.3 Fortnightly payment of the allowance under paragraph 3.6.2 is to be made to the student, or to an appropriate person if the Commission considers it unlikely that the student would be capable of managing his or her own finances.\n\n 3.6A.1 A student who is a double orphan and who is also a secondary or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training.\n (b) for secondary students 16 years of age or over — to an appropriate person who will have the option of directing payment to the student;\n\n3.7.1 Where a student, referred to in paragraph 2.7.2, has been approved for benefits while undertaking part‑time study, that student shall receive the full‑time rate of education allowances.\n\n> Note 1: The amount of education allowance for secondary students aged sixteen years and over and living away from home, secondary students aged sixteen years and over and who are also double orphans, and tertiary students, including tertiary students living away from home, is set under paragraph 3.8.3.\n\n> Note 2: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are the rates payable on 20 September 2023.\n\n> Note 3: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are adjusted 12‑monthly (see paragraph 3.8.2) every 1 January.\n\n 3.8.2 The allowances specified in paragraph 3.8.1 are to be indexed annually in accordance with the procedure set out in section 1191(1)(table item 3A) of the Social Security Act 1991 for the indexation of benefits under that Act except that the reference to ‘YA MBR’ in column 2 of item 3A of the CPI Indexation Table in subsection 1191(1) is, for the purpose of the indexation of the relevant allowances under the Scheme, taken to be a reference to the relevant allowance specified in sub‑paragraph 3.8.1(a), (b), (c) or (d).\n\n3.8.3 The fortnightly education allowances payable in respect of all students who are 16 years old or older must be paid at a rate equivalent to the maximum basic rate of youth allowance (as indexed annually) payable under Part 3.5 of the Social Security Act 1991.\n\n","sortOrder":21},{"sectionNumber":"3.1","sectionType":"section","heading":"Purpose of education allowances","content":"## 3.1 Purpose of education allowances\n\n 3.1.1 The education allowances under the Scheme are paid as compensation and are designed to provide financial assistance towards the cost of an eligible child’s education.\n\n","sortOrder":22},{"sectionNumber":"3.2","sectionType":"section","heading":"Allowances for Primary education","content":"## 3.2 Allowances for Primary education\n\n 3.2.2 The annual education allowance referred to in paragraph 3.2.1 shall be paid in full in respect of any initial part year.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n","sortOrder":23},{"sectionNumber":"3.3","sectionType":"section","heading":"Allowances for Secondary and Tertiary students living at home","content":"## 3.3 Allowances for Secondary and Tertiary students living at home\n\n 3.3.1 An education allowance for a secondary student or a tertiary student shall be payable fortnightly in advance, in respect of a student living at home and undertaking education as approved by the Commission.\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n\n","sortOrder":24},{"sectionNumber":"3.4","sectionType":"section","heading":"Living away from home allowance for secondary students","content":"## 3.4 Living away from home allowance for secondary students\n\n 3.4.1 Living away from home rates of education allowance may be paid in respect of a student undertaking full time secondary education if the Commission is satisfied that additional expenses are incurred as a result of the student living away from home, and\n (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or\n\nNote: the Assistance for Isolated Children Scheme is a non‑statutory scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.\n\n (b) if subparagraph (a) does not apply and a parent or guardian of the student is entitled to be paid the family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or\n (c) if both subparagraphs (a) and (b) do not apply—a person approved by the Commission to receive the payment on behalf of the student.\n\n3.4.3 Also, if the Commission considers it inappropriate to pay the allowance to any of the people mentioned in subparagraphs 3.4.2(a) and (b), the allowance must be paid to another person approved by the Commission to receive the payment on behalf of the student.\n\n 3.4.5 If only part of the allowance is paid to the institution or individual providing board to the student, the remaining part of the allowance must be paid to:\n\n3.4.6 A person who is to be paid an allowance under subparagraph 3.4.2(a) or 3.4.5(a) may give written notice to the Commission:\n\n","sortOrder":25},{"sectionNumber":"3.5","sectionType":"section","heading":"Living away from home allowance for Tertiary students","content":"## 3.5 Living away from home allowance for Tertiary students\n\n 3.5.1 Living away from home rates of education allowance may be paid to a tertiary student undertaking an approved full‑time tertiary or technical and further education course, where the Commission is satisfied that additional expenses are incurred as a result of the student living away from home; and\n\n","sortOrder":26},{"sectionNumber":"3.6","sectionType":"section","heading":"Homeless student education allowance","content":"## 3.6 Homeless student education allowance\n\n 3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child:\n 3.6.1A For the purposes 3.6.1(c), an Eligible child is independent if the child would be independent for the Youth Allowance.\n\n 3.6.2 If a student has been granted homeless student status under paragraph 3.6.1, education allowance is to be paid at a rate equivalent to the maximum basic rate payable under point 1067G‑B3 of the Social Security Act 1991 in respect of a person who is independent.\n 3.6.3 Fortnightly payment of the allowance under paragraph 3.6.2 is to be made to the student, or to an appropriate person if the Commission considers it unlikely that the student would be capable of managing his or her own finances.\n\n","sortOrder":27},{"sectionNumber":"3.6A","sectionType":"section","heading":"Double orphan education allowance 3.6A Double orphan education allowance","content":"## 3.6A Double orphan education allowance 3.6A Double orphan education allowance\n\n 3.6A.1 A student who is a double orphan and who is also a secondary or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training.\n (b) for secondary students 16 years of age or over — to an appropriate person who will have the option of directing payment to the student;\n\n","sortOrder":28},{"sectionNumber":"3.7","sectionType":"section","heading":"Part‑time students","content":"## 3.7 Part‑time students\n\n3.7.1 Where a student, referred to in paragraph 2.7.2, has been approved for benefits while undertaking part‑time study, that student shall receive the full‑time rate of education allowances.\n\n","sortOrder":29},{"sectionNumber":"3.8","sectionType":"section","heading":"Amount of education allowances & Indexing","content":"## 3.8 Amount of education allowances & Indexing\n\n> Note 1: The amount of education allowance for secondary students aged sixteen years and over and living away from home, secondary students aged sixteen years and over and who are also double orphans, and tertiary students, including tertiary students living away from home, is set under paragraph 3.8.3.\n\n> Note 2: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are the rates payable on 20 September 2023.\n\n> Note 3: The education allowances payable under sub‑paragraphs 3.8.1(a), (b), (c) and (d) are adjusted 12‑monthly (see paragraph 3.8.2) every 1 January.\n\n 3.8.2 The allowances specified in paragraph 3.8.1 are to be indexed annually in accordance with the procedure set out in section 1191(1)(table item 3A) of the Social Security Act 1991 for the indexation of benefits under that Act except that the reference to ‘YA MBR’ in column 2 of item 3A of the CPI Indexation Table in subsection 1191(1) is, for the purpose of the indexation of the relevant allowances under the Scheme, taken to be a reference to the relevant allowance specified in sub‑paragraph 3.8.1(a), (b), (c) or (d).\n\n3.8.3 The fortnightly education allowances payable in respect of all students who are 16 years old or older must be paid at a rate equivalent to the maximum basic rate of youth allowance (as indexed annually) payable under Part 3.5 of the Social Security Act 1991.\n\n","sortOrder":30},{"sectionNumber":"Part PART 3A","sectionType":"part","heading":"Clean Energy Payments","content":"## PART 3A Clean Energy Payments\n\n 3A.1.1 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 14 May 2012 and ending on 30 June 2012:\n\n 3A.1.2 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:\n\n 3A.1.3 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:\n\n 3A.1.4 A determination under paragraph 3A.1.2 or 3A.1.3 must specify the first day during the period set out in that paragraph for which the person:\n\n 3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).\n\n> Note: Top‑up payments of clean energy advance may be payable under paragraph 3A.5.1 if the person’s circumstances change during the person’s clean energy advance period\n\n 3A.2.1 On the day (the decision day) that the Commission determines that a person is eligible for a clean energy advance for a clean energy underlying payment, the Commission must work out the amount of the advance.\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and\n\n 3A.4.1 The person’s number of advance days is the number of days in the person’s clean energy advance period that are on or after:\n\n (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in paragraph 3A.5.2; and\n (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n (ii) except for the application of paragraph 3A.10.1, the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n (a) the person was paid an original payment and as a result of the change in circumstances the person receives a clean energy underlying payment at a higher rate in relation to the change day and the change of circumstances occurs before 1 January 2014; or\n (b) the person was paid an original payment and as a result of the change in circumstances the person commences to receive, before 20 March 2013:\n (c) the person was paid an original payment and as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives, before 1 January 2014:\n 3A.5.3 Despite any other provision of the VCES if a person received an original payment under 3A.1.3 of the VCES and as a result of a change in circumstances the person starts to receive one of the payments listed in subsection 914(4) of the Social Security Act 1991, war widow(er) pension or service pension under the VEA or a MRCA wholly dependent partner payment, in relation to the change day, the person will not be eligible for a top‑up payment.\n\n 3A.5.4 If the person has not previously been eligible for a top‑up payment in relation to the clean energy advance period, the amount of top‑up payment is to be calculated in accordance with the Method Statement 1 at the end of paragraph 3A.5.5.\n\n 3A.5.6 If a person has previously been paid a top‑up payment calculated in accordance with paragraph 3A.5.4 and the person has a further change in circumstances any additional top‑up payment is to be calculated in accordance with paragraph 3A.5.7.\n\n 3A.6.1 An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid.\n\n (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:\n (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and\n\n (a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and\n\n> Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).\n\n 3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.\n 3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.\n\n3A.9.1 A debt that arises under paragraph 3A.8.1 or 3A.8.2 is a recoverable amount within the meaning of subsection 205(8) of the Act.\n\n (e) the VEA, except for a clean energy advance in relation to a pension payable under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA; or\n\n> Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.\n\n 3A.12.1 Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement for the person’s clean energy underlying payment.\n\n> Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).\n 3A.13.2 An energy supplement is to be added to the rate of clean energy underlying payment of a person mentioned in paragraph 3A.11.1.\n 3A.13.3 Paragraph 3A.13.2 does not apply if quarterly energy supplement is payable to a person to whom paragraph 3A.12.1 applies.\n\n 3A.14.1 Despite any provision of the VCES, a person is not eligible to have an energy supplement for a clean energy underlying payment used to calculate the person’s rate of clean energy underlying payment on a day if the person is also in receipt of a payment:\n where the pension or payment under the VEA or MRCA respectively, includes a component of energy supplement covering the same instalment period for the person’s clean energy underlying payment.\n\n 3A.15.1 A quarterly energy supplement is payable to a person for each day for which an election by the person under paragraph 3A.15.2 is in force in relation to a clean energy underlying payment the person is receiving.\n\n> Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.\n\n 3A.15.2 If paragraph 3A.12.1 applies to a person, the person may, in a manner or way approved by the Commission, make an election to receive the person’s energy supplement as a quarterly payment.\n 3A.15.4 The person may, in a manner or way approved by the Commission, revoke an election. A revocation takes effect as soon as practicable after it happens.\n\n 3A.16.1 A person’s daily rate of quarterly energy supplement, for a particular day, is 1/14 of the amount that, apart from paragraph 3A.15.1, would be the person’s energy supplement for that day.\n\n 3A.17.2 An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day) that follows a day for which quarterly energy supplement is payable to the person.\n (a) working out the amount of the person’s quarterly energy supplement for each day during the test period for which quarterly energy supplement is payable to the person; and\n\n (a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (c) the person has attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time; or\n (d) the person has not attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.\n\n 3B.2.1 A person cannot receive more than one payment of an income support bonus in respect of a income support bonus test day regardless of how many times the person is eligible for the bonus on that day.\n\n 3B.4.1 The income support bonus is to be indexed or adjusted as if it were the payment described as an “income support bonus” in item 71 of the table in section 1190 of the SSA, as in force immediately before 31 December 2016.\n\n 3B.5.1 The income support bonus is indexed in accordance with sections 1192, 1193 and 1194 of the SSA as if it were the payment described as an “income support bonus” in item 43 of the table in subsection 1191(1) of the SSA.\n 3B.5.2 The dollar amount mentioned in paragraph 3B.3.1 is replaced by the amount indexed in accordance with paragraph 3B.5.1 on 20 March and 20 September in every calendar year.\n 3B.5.3 In paragraph 3B.5, a reference to SSA is taken to be a reference to SSA as in force immediately before 31 December 2016.\n\n 3B.7.1 If a person is eligible for an income support bonus on an income support bonus test day, the Commission must direct that the bonus be paid for the person in a single lump sum:\n (a) on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the bonus to be paid; and\n 3B.7.2 Payment of the income support bonus for a person who is eligible for the bonus (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable except that if the education allowance is payable to an institution or to a person providing board to the eligible person, the income support bonus is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.\n\n> Note: the person receiving the bonus for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.\n\n (b) after the bonus is paid, a determination under the Scheme in relation to the person, at least so far as it relates to the income support bonus test day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and\n (c) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and\n\n 4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate.\n 4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.\n\n","sortOrder":31},{"sectionNumber":"Div Division 1","sectionType":"division","heading":"Clean energy advance","content":"## Division 1 Clean energy advance\n\n 3A.1.1 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 14 May 2012 and ending on 30 June 2012:\n\n 3A.1.2 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:\n\n 3A.1.3 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:\n\n 3A.1.4 A determination under paragraph 3A.1.2 or 3A.1.3 must specify the first day during the period set out in that paragraph for which the person:\n\n 3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).\n\n> Note: Top‑up payments of clean energy advance may be payable under paragraph 3A.5.1 if the person’s circumstances change during the person’s clean energy advance period\n\n 3A.2.1 On the day (the decision day) that the Commission determines that a person is eligible for a clean energy advance for a clean energy underlying payment, the Commission must work out the amount of the advance.\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and\n\n 3A.4.1 The person’s number of advance days is the number of days in the person’s clean energy advance period that are on or after:\n\n (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in paragraph 3A.5.2; and\n (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n (ii) except for the application of paragraph 3A.10.1, the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n (a) the person was paid an original payment and as a result of the change in circumstances the person receives a clean energy underlying payment at a higher rate in relation to the change day and the change of circumstances occurs before 1 January 2014; or\n (b) the person was paid an original payment and as a result of the change in circumstances the person commences to receive, before 20 March 2013:\n (c) the person was paid an original payment and as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives, before 1 January 2014:\n 3A.5.3 Despite any other provision of the VCES if a person received an original payment under 3A.1.3 of the VCES and as a result of a change in circumstances the person starts to receive one of the payments listed in subsection 914(4) of the Social Security Act 1991, war widow(er) pension or service pension under the VEA or a MRCA wholly dependent partner payment, in relation to the change day, the person will not be eligible for a top‑up payment.\n\n 3A.5.4 If the person has not previously been eligible for a top‑up payment in relation to the clean energy advance period, the amount of top‑up payment is to be calculated in accordance with the Method Statement 1 at the end of paragraph 3A.5.5.\n\n 3A.5.6 If a person has previously been paid a top‑up payment calculated in accordance with paragraph 3A.5.4 and the person has a further change in circumstances any additional top‑up payment is to be calculated in accordance with paragraph 3A.5.7.\n\n 3A.6.1 An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid.\n\n (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:\n (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and\n\n (a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and\n\n> Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).\n\n 3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.\n 3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.\n\n3A.9.1 A debt that arises under paragraph 3A.8.1 or 3A.8.2 is a recoverable amount within the meaning of subsection 205(8) of the Act.\n\n (e) the VEA, except for a clean energy advance in relation to a pension payable under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA; or\n\n> Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.\n\n 3A.12.1 Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement for the person’s clean energy underlying payment.\n\n> Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).\n 3A.13.2 An energy supplement is to be added to the rate of clean energy underlying payment of a person mentioned in paragraph 3A.11.1.\n 3A.13.3 Paragraph 3A.13.2 does not apply if quarterly energy supplement is payable to a person to whom paragraph 3A.12.1 applies.\n\n 3A.14.1 Despite any provision of the VCES, a person is not eligible to have an energy supplement for a clean energy underlying payment used to calculate the person’s rate of clean energy underlying payment on a day if the person is also in receipt of a payment:\n where the pension or payment under the VEA or MRCA respectively, includes a component of energy supplement covering the same instalment period for the person’s clean energy underlying payment.\n\n 3A.15.1 A quarterly energy supplement is payable to a person for each day for which an election by the person under paragraph 3A.15.2 is in force in relation to a clean energy underlying payment the person is receiving.\n\n> Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.\n\n 3A.15.2 If paragraph 3A.12.1 applies to a person, the person may, in a manner or way approved by the Commission, make an election to receive the person’s energy supplement as a quarterly payment.\n 3A.15.4 The person may, in a manner or way approved by the Commission, revoke an election. A revocation takes effect as soon as practicable after it happens.\n\n 3A.16.1 A person’s daily rate of quarterly energy supplement, for a particular day, is 1/14 of the amount that, apart from paragraph 3A.15.1, would be the person’s energy supplement for that day.\n\n 3A.17.2 An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day) that follows a day for which quarterly energy supplement is payable to the person.\n (a) working out the amount of the person’s quarterly energy supplement for each day during the test period for which quarterly energy supplement is payable to the person; and\n\n (a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (c) the person has attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time; or\n (d) the person has not attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.\n\n 3B.2.1 A person cannot receive more than one payment of an income support bonus in respect of a income support bonus test day regardless of how many times the person is eligible for the bonus on that day.\n\n 3B.4.1 The income support bonus is to be indexed or adjusted as if it were the payment described as an “income support bonus” in item 71 of the table in section 1190 of the SSA, as in force immediately before 31 December 2016.\n\n 3B.5.1 The income support bonus is indexed in accordance with sections 1192, 1193 and 1194 of the SSA as if it were the payment described as an “income support bonus” in item 43 of the table in subsection 1191(1) of the SSA.\n 3B.5.2 The dollar amount mentioned in paragraph 3B.3.1 is replaced by the amount indexed in accordance with paragraph 3B.5.1 on 20 March and 20 September in every calendar year.\n 3B.5.3 In paragraph 3B.5, a reference to SSA is taken to be a reference to SSA as in force immediately before 31 December 2016.\n\n 3B.7.1 If a person is eligible for an income support bonus on an income support bonus test day, the Commission must direct that the bonus be paid for the person in a single lump sum:\n (a) on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the bonus to be paid; and\n 3B.7.2 Payment of the income support bonus for a person who is eligible for the bonus (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable except that if the education allowance is payable to an institution or to a person providing board to the eligible person, the income support bonus is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.\n\n> Note: the person receiving the bonus for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.\n\n (b) after the bonus is paid, a determination under the Scheme in relation to the person, at least so far as it relates to the income support bonus test day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and\n (c) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and\n\n 4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate.\n 4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.\n\n","sortOrder":32},{"sectionNumber":"Eligibility for days 14 May 2012 to 30 J","sectionType":"section","heading":"Eligibility for days 14 May 2012 to 30 June 2012","content":"## Eligibility for days 14 May 2012 to 30 J Eligibility for days 14 May 2012 to 30 June 2012\n\n 3A.1.1 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 14 May 2012 and ending on 30 June 2012:\n\n","sortOrder":33},{"sectionNumber":"Eligibility for days 1 July 2012 to 30 J","sectionType":"section","heading":"Eligibility for days 1 July 2012 to 30 June 2013","content":"## Eligibility for days 1 July 2012 to 30 J Eligibility for days 1 July 2012 to 30 June 2013\n\n 3A.1.2 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:\n\n","sortOrder":34},{"sectionNumber":"Eligibility for days 1 July 2013 to 31 D","sectionType":"section","heading":"Eligibility for days 1 July 2013 to 31 December 2013","content":"## Eligibility for days 1 July 2013 to 31 D Eligibility for days 1 July 2013 to 31 December 2013\n\n 3A.1.3 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:\n\n","sortOrder":35},{"sectionNumber":"First day of eligibility under paragraph","sectionType":"section","heading":"First day of eligibility under paragraph 3A.1.2 or 3A.1.3","content":"## First day of eligibility under paragraph First day of eligibility under paragraph 3A.1.2 or 3A.1.3\n\n 3A.1.4 A determination under paragraph 3A.1.2 or 3A.1.3 must specify the first day during the period set out in that paragraph for which the person:\n\n","sortOrder":36},{"sectionNumber":"Limits on eligibility for multiple advan","sectionType":"section","heading":"Limits on eligibility for multiple advances","content":"## Limits on eligibility for multiple advan Limits on eligibility for multiple advances\n\n 3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).\n\n> Note: Top‑up payments of clean energy advance may be payable under paragraph 3A.5.1 if the person’s circumstances change during the person’s clean energy advance period\n\n","sortOrder":37},{"sectionNumber":"Amount of a clean energy advance","sectionType":"section","heading":"Amount of a clean energy advance","content":"## Amount of a clean energy advance Amount of a clean energy advance\n\n 3A.2.1 On the day (the decision day) that the Commission determines that a person is eligible for a clean energy advance for a clean energy underlying payment, the Commission must work out the amount of the advance.\n\n","sortOrder":38},{"sectionNumber":"Clean energy advance daily rate","sectionType":"section","heading":"Clean energy advance daily rate","content":"## Clean energy advance daily rate Clean energy advance daily rate\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and\n\n","sortOrder":39},{"sectionNumber":"Number of advance days","sectionType":"section","heading":"Number of advance days","content":"## Number of advance days Number of advance days\n\n 3A.4.1 The person’s number of advance days is the number of days in the person’s clean energy advance period that are on or after:\n\n","sortOrder":40},{"sectionNumber":"Top‑up payments of clean energy advance","sectionType":"section","heading":"Top‑up payments of clean energy advance","content":"## Top‑up payments of clean energy advance Top‑up payments of clean energy advance\n\n (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in paragraph 3A.5.2; and\n (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n (ii) except for the application of paragraph 3A.10.1, the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n (a) the person was paid an original payment and as a result of the change in circumstances the person receives a clean energy underlying payment at a higher rate in relation to the change day and the change of circumstances occurs before 1 January 2014; or\n (b) the person was paid an original payment and as a result of the change in circumstances the person commences to receive, before 20 March 2013:\n (c) the person was paid an original payment and as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives, before 1 January 2014:\n 3A.5.3 Despite any other provision of the VCES if a person received an original payment under 3A.1.3 of the VCES and as a result of a change in circumstances the person starts to receive one of the payments listed in subsection 914(4) of the Social Security Act 1991, war widow(er) pension or service pension under the VEA or a MRCA wholly dependent partner payment, in relation to the change day, the person will not be eligible for a top‑up payment.\n\n","sortOrder":41},{"sectionNumber":"Method of working out the top‑up payment","sectionType":"section","heading":"Method of working out the top‑up payment for a person","content":"## Method of working out the top‑up payment Method of working out the top‑up payment for a person\n\n 3A.5.4 If the person has not previously been eligible for a top‑up payment in relation to the clean energy advance period, the amount of top‑up payment is to be calculated in accordance with the Method Statement 1 at the end of paragraph 3A.5.5.\n\n","sortOrder":42},{"sectionNumber":"Top‑up payment for first change of circu","sectionType":"section","heading":"Top‑up payment for first change of circumstances","content":"## Top‑up payment for first change of circu Top‑up payment for first change of circumstances\n\n","sortOrder":43},{"sectionNumber":"Top‑up payment for subsequent change of ","sectionType":"section","heading":"Top‑up payment for subsequent change of circumstances","content":"## Top‑up payment for subsequent change of Top‑up payment for subsequent change of circumstances\n\n 3A.5.6 If a person has previously been paid a top‑up payment calculated in accordance with paragraph 3A.5.4 and the person has a further change in circumstances any additional top‑up payment is to be calculated in accordance with paragraph 3A.5.7.\n\n","sortOrder":44},{"sectionNumber":"Payment of clean energy advance","sectionType":"section","heading":"Payment of clean energy advance","content":"## Payment of clean energy advance Payment of clean energy advance\n\n 3A.6.1 An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid.\n\n","sortOrder":45},{"sectionNumber":"Debts relating to clean energy advances","sectionType":"section","heading":"Debts relating to clean energy advances","content":"## Debts relating to clean energy advances Debts relating to clean energy advances\n\n (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:\n (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and\n\n (a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and\n\n> Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).\n\n","sortOrder":46},{"sectionNumber":"Creation and amount of debt","sectionType":"section","heading":"Creation and amount of debt","content":"## Creation and amount of debt Creation and amount of debt\n\n 3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.\n 3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.\n\n","sortOrder":47},{"sectionNumber":"Relationship with sections of Act","sectionType":"section","heading":"Relationship with sections of Act","content":"## Relationship with sections of Act Relationship with sections of Act\n\n3A.9.1 A debt that arises under paragraph 3A.8.1 or 3A.8.2 is a recoverable amount within the meaning of subsection 205(8) of the Act.\n\n","sortOrder":48},{"sectionNumber":"Multiple entitlement exclusion ‑ Clean E","sectionType":"section","heading":"Multiple entitlement exclusion ‑ Clean Energy advance","content":"## Multiple entitlement exclusion ‑ Clean E Multiple entitlement exclusion ‑ Clean Energy advance\n\n (e) the VEA, except for a clean energy advance in relation to a pension payable under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA; or\n\n","sortOrder":49},{"sectionNumber":"Div Division 2","sectionType":"division","heading":"Energy supplement and quarterly Energy supplement","content":"## Division 2 Energy supplement and quarterly Energy supplement\n\n 3A.1.1 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 14 May 2012 and ending on 30 June 2012:\n\n 3A.1.2 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:\n\n 3A.1.3 The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:\n\n 3A.1.4 A determination under paragraph 3A.1.2 or 3A.1.3 must specify the first day during the period set out in that paragraph for which the person:\n\n 3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).\n\n> Note: Top‑up payments of clean energy advance may be payable under paragraph 3A.5.1 if the person’s circumstances change during the person’s clean energy advance period\n\n 3A.2.1 On the day (the decision day) that the Commission determines that a person is eligible for a clean energy advance for a clean energy underlying payment, the Commission must work out the amount of the advance.\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and\n\n 3A.4.1 The person’s number of advance days is the number of days in the person’s clean energy advance period that are on or after:\n\n (b) the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in paragraph 3A.5.2; and\n (i) the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or\n (ii) except for the application of paragraph 3A.10.1, the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;\n (a) the person was paid an original payment and as a result of the change in circumstances the person receives a clean energy underlying payment at a higher rate in relation to the change day and the change of circumstances occurs before 1 January 2014; or\n (b) the person was paid an original payment and as a result of the change in circumstances the person commences to receive, before 20 March 2013:\n (c) the person was paid an original payment and as a result of the change in circumstances the person no longer receives a clean energy underlying payment but receives, before 1 January 2014:\n 3A.5.3 Despite any other provision of the VCES if a person received an original payment under 3A.1.3 of the VCES and as a result of a change in circumstances the person starts to receive one of the payments listed in subsection 914(4) of the Social Security Act 1991, war widow(er) pension or service pension under the VEA or a MRCA wholly dependent partner payment, in relation to the change day, the person will not be eligible for a top‑up payment.\n\n 3A.5.4 If the person has not previously been eligible for a top‑up payment in relation to the clean energy advance period, the amount of top‑up payment is to be calculated in accordance with the Method Statement 1 at the end of paragraph 3A.5.5.\n\n 3A.5.6 If a person has previously been paid a top‑up payment calculated in accordance with paragraph 3A.5.4 and the person has a further change in circumstances any additional top‑up payment is to be calculated in accordance with paragraph 3A.5.7.\n\n 3A.6.1 An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid.\n\n (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:\n (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and\n\n (a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and\n\n> Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).\n\n 3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.\n 3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.\n\n3A.9.1 A debt that arises under paragraph 3A.8.1 or 3A.8.2 is a recoverable amount within the meaning of subsection 205(8) of the Act.\n\n (e) the VEA, except for a clean energy advance in relation to a pension payable under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA; or\n\n> Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.\n\n 3A.12.1 Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement for the person’s clean energy underlying payment.\n\n> Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).\n 3A.13.2 An energy supplement is to be added to the rate of clean energy underlying payment of a person mentioned in paragraph 3A.11.1.\n 3A.13.3 Paragraph 3A.13.2 does not apply if quarterly energy supplement is payable to a person to whom paragraph 3A.12.1 applies.\n\n 3A.14.1 Despite any provision of the VCES, a person is not eligible to have an energy supplement for a clean energy underlying payment used to calculate the person’s rate of clean energy underlying payment on a day if the person is also in receipt of a payment:\n where the pension or payment under the VEA or MRCA respectively, includes a component of energy supplement covering the same instalment period for the person’s clean energy underlying payment.\n\n 3A.15.1 A quarterly energy supplement is payable to a person for each day for which an election by the person under paragraph 3A.15.2 is in force in relation to a clean energy underlying payment the person is receiving.\n\n> Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.\n\n 3A.15.2 If paragraph 3A.12.1 applies to a person, the person may, in a manner or way approved by the Commission, make an election to receive the person’s energy supplement as a quarterly payment.\n 3A.15.4 The person may, in a manner or way approved by the Commission, revoke an election. A revocation takes effect as soon as practicable after it happens.\n\n 3A.16.1 A person’s daily rate of quarterly energy supplement, for a particular day, is 1/14 of the amount that, apart from paragraph 3A.15.1, would be the person’s energy supplement for that day.\n\n 3A.17.2 An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day) that follows a day for which quarterly energy supplement is payable to the person.\n (a) working out the amount of the person’s quarterly energy supplement for each day during the test period for which quarterly energy supplement is payable to the person; and\n\n (a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (c) the person has attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time; or\n (d) the person has not attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.\n\n 3B.2.1 A person cannot receive more than one payment of an income support bonus in respect of a income support bonus test day regardless of how many times the person is eligible for the bonus on that day.\n\n 3B.4.1 The income support bonus is to be indexed or adjusted as if it were the payment described as an “income support bonus” in item 71 of the table in section 1190 of the SSA, as in force immediately before 31 December 2016.\n\n 3B.5.1 The income support bonus is indexed in accordance with sections 1192, 1193 and 1194 of the SSA as if it were the payment described as an “income support bonus” in item 43 of the table in subsection 1191(1) of the SSA.\n 3B.5.2 The dollar amount mentioned in paragraph 3B.3.1 is replaced by the amount indexed in accordance with paragraph 3B.5.1 on 20 March and 20 September in every calendar year.\n 3B.5.3 In paragraph 3B.5, a reference to SSA is taken to be a reference to SSA as in force immediately before 31 December 2016.\n\n 3B.7.1 If a person is eligible for an income support bonus on an income support bonus test day, the Commission must direct that the bonus be paid for the person in a single lump sum:\n (a) on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the bonus to be paid; and\n 3B.7.2 Payment of the income support bonus for a person who is eligible for the bonus (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable except that if the education allowance is payable to an institution or to a person providing board to the eligible person, the income support bonus is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.\n\n> Note: the person receiving the bonus for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.\n\n (b) after the bonus is paid, a determination under the Scheme in relation to the person, at least so far as it relates to the income support bonus test day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and\n (c) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and\n\n 4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate.\n 4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.\n\n","sortOrder":50},{"sectionNumber":"Energy supplement","sectionType":"section","heading":"Energy supplement","content":"## Energy supplement Energy supplement\n\n> Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.\n\n","sortOrder":51},{"sectionNumber":"Energy supplement payable","sectionType":"section","heading":"Energy supplement payable","content":"## Energy supplement payable Energy supplement payable\n\n 3A.12.1 Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement for the person’s clean energy underlying payment.\n\n> Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.\n\n","sortOrder":52},{"sectionNumber":"Rate of energy supplement","sectionType":"section","heading":"Rate of energy supplement","content":"## Rate of energy supplement Rate of energy supplement\n\n (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).\n 3A.13.2 An energy supplement is to be added to the rate of clean energy underlying payment of a person mentioned in paragraph 3A.11.1.\n 3A.13.3 Paragraph 3A.13.2 does not apply if quarterly energy supplement is payable to a person to whom paragraph 3A.12.1 applies.\n\n","sortOrder":53},{"sectionNumber":"Multiple entitlement exclusion ‑ Energy ","sectionType":"section","heading":"Multiple entitlement exclusion ‑ Energy Supplement","content":"## Multiple entitlement exclusion ‑ Energy Multiple entitlement exclusion ‑ Energy Supplement\n\n 3A.14.1 Despite any provision of the VCES, a person is not eligible to have an energy supplement for a clean energy underlying payment used to calculate the person’s rate of clean energy underlying payment on a day if the person is also in receipt of a payment:\n where the pension or payment under the VEA or MRCA respectively, includes a component of energy supplement covering the same instalment period for the person’s clean energy underlying payment.\n\n","sortOrder":54},{"sectionNumber":"Quarterly payment of energy supplement","sectionType":"section","heading":"Quarterly payment of energy supplement","content":"## Quarterly payment of energy supplement Quarterly payment of energy supplement\n\n 3A.15.1 A quarterly energy supplement is payable to a person for each day for which an election by the person under paragraph 3A.15.2 is in force in relation to a clean energy underlying payment the person is receiving.\n\n> Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.\n\n 3A.15.2 If paragraph 3A.12.1 applies to a person, the person may, in a manner or way approved by the Commission, make an election to receive the person’s energy supplement as a quarterly payment.\n 3A.15.4 The person may, in a manner or way approved by the Commission, revoke an election. A revocation takes effect as soon as practicable after it happens.\n\n","sortOrder":55},{"sectionNumber":"Rate of quarterly energy supplement","sectionType":"section","heading":"Rate of quarterly energy supplement","content":"## Rate of quarterly energy supplement Rate of quarterly energy supplement\n\n 3A.16.1 A person’s daily rate of quarterly energy supplement, for a particular day, is 1/14 of the amount that, apart from paragraph 3A.15.1, would be the person’s energy supplement for that day.\n\n","sortOrder":56},{"sectionNumber":"Payment of quarterly energy supplement","sectionType":"section","heading":"Payment of quarterly energy supplement","content":"## Payment of quarterly energy supplement Payment of quarterly energy supplement\n\n 3A.17.2 An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day) that follows a day for which quarterly energy supplement is payable to the person.\n (a) working out the amount of the person’s quarterly energy supplement for each day during the test period for which quarterly energy supplement is payable to the person; and\n\n","sortOrder":57},{"sectionNumber":"Part PART 3B","sectionType":"part","heading":"Income Support Bonus","content":"## PART 3B Income Support Bonus\n\n (a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme; or\n (c) the person has attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time; or\n (d) the person has not attained the age of 16 years and the person's eligibility for an education allowance under paragraph 3.4, 3.5, 3.6 or 3.6A of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.\n\n 3B.2.1 A person cannot receive more than one payment of an income support bonus in respect of a income support bonus test day regardless of how many times the person is eligible for the bonus on that day.\n\n 3B.4.1 The income support bonus is to be indexed or adjusted as if it were the payment described as an “income support bonus” in item 71 of the table in section 1190 of the SSA, as in force immediately before 31 December 2016.\n\n 3B.5.1 The income support bonus is indexed in accordance with sections 1192, 1193 and 1194 of the SSA as if it were the payment described as an “income support bonus” in item 43 of the table in subsection 1191(1) of the SSA.\n 3B.5.2 The dollar amount mentioned in paragraph 3B.3.1 is replaced by the amount indexed in accordance with paragraph 3B.5.1 on 20 March and 20 September in every calendar year.\n 3B.5.3 In paragraph 3B.5, a reference to SSA is taken to be a reference to SSA as in force immediately before 31 December 2016.\n\n 3B.7.1 If a person is eligible for an income support bonus on an income support bonus test day, the Commission must direct that the bonus be paid for the person in a single lump sum:\n (a) on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the bonus to be paid; and\n 3B.7.2 Payment of the income support bonus for a person who is eligible for the bonus (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable except that if the education allowance is payable to an institution or to a person providing board to the eligible person, the income support bonus is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.\n\n> Note: the person receiving the bonus for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.\n\n (b) after the bonus is paid, a determination under the Scheme in relation to the person, at least so far as it relates to the income support bonus test day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and\n (c) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and\n\n","sortOrder":58},{"sectionNumber":"Part PART 4","sectionType":"part","heading":"Guidance and Counselling","content":"## PART 4 Guidance and Counselling\n\n 4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate.\n 4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.\n\n","sortOrder":59},{"sectionNumber":"Part PART 5","sectionType":"part","heading":"Other Assistance","content":"## PART 5 Other Assistance\n\n## PART 5—Other Assistance\n\n## 5.1 Fares allowance\n\n","sortOrder":60},{"sectionNumber":"5.1","sectionType":"section","heading":"Fares allowance","content":"#### 5.1 Fares allowance\n\n 5.1.1 Where the Commission has approved payment to a student of an education allowance under paragraph 3.5.1, it may accept financial liability for a fare (or part thereof) paid, or to be paid, by the student for a journey between the student’s home and place of study.\n\n> Note: a fare may be the cost of using private transport.\n\n 5.1.2 In making a decision under paragraph 5.1.1 in respect of whether to accept liability for a fare, the Commission is to take into account Part 2.26 of the Social Security Act 1991 as it relates to the circumstances in which fares allowance under that Act is payable and as it relates to the level of fares allowance payable in those circumstances.\n\n> Note: under Part 2.26 of the Social Security Act 1991 (SSA) a determination may be made amending levels of fares allowance in the Act (Henry VIII clause). The SSA as amended by any such determination would constitute the SSA “in force from time to time” (see definition of SSA) and therefore the Commission could lawfully consider those new levels of fares allowance as introduced by the determination.\n\n## 5.2 Additional Tuition\n\n","sortOrder":61},{"sectionNumber":"5.2","sectionType":"section","heading":"Additional Tuition","content":"#### 5.2 Additional Tuition\n\n 5.2.1 Where an education authority has established that a discrepancy exists between the student’s intellectual potential and the student’s actual academic achievement, the Commission may arrange for provision of Additional Tuition in respect of that student.\n\n## 5.3 Special Assistance\n\n","sortOrder":62},{"sectionNumber":"5.3","sectionType":"section","heading":"Special Assistance","content":"#### 5.3 Special Assistance\n\n 5.3.1 Where the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student’s progress the Commission may approve payment of Special Assistance in respect of that student.\n\n## 5.4 Rates for Additional Tuition and Special Assistance\n\n","sortOrder":63},{"sectionNumber":"5.4","sectionType":"section","heading":"Rates for Additional Tuition and Special Assistance","content":"#### 5.4 Rates for Additional Tuition and Special Assistance\n\n 5.4.1 The Commission shall determine from time to time the maximum value of Additional Tuition and Special Assistance which may be provided to a student in any year.\n\n## 5.5 Rent assistance\n\n","sortOrder":64},{"sectionNumber":"5.5","sectionType":"section","heading":"Rent assistance","content":"#### 5.5 Rent assistance\n\n 5.5.1 Subject to paragraph 5.5.2, a student who has been granted a Homeless Student Education Allowance or an education allowance at a ‘living away from home’ rate or ‘double orphan’ rate is entitled to the payment of rent assistance.\n 5.5.2 Rent assistance payable under the Scheme, whether to a student in or outside Australia, is only payable in the same circumstances that rent assistance would have been payable to the student under the Social Security Act 1991 if the student had not been a student receiving benefits under the Scheme but had been a person receiving youth allowance under that Act.\n\n> Note 1 – rent assistance criteria under the Social Security Act 1991 are set out in point 1067G‑D1 of that Act.\n\n> Note 2 – as at 1 April 2003, rent assistance must, among other things, be only for premises in Australia and the maximum period that rent assistance is payable, while a student is outside Australia, is 26 weeks.\n\n> Note 3 – in order to receive rent assistance for premises in Australia, while studying outside Australia, a student must also satisfy paragraph 2.6.\n\n> Note 4 – if the rent assistance provisions of the Social Security Act 1991 are amended then those amended provisions apply to rent assistance under the Scheme (see the definition of Social Security Act 1991 in paragraph 1.2.).\n\n","sortOrder":65},{"sectionNumber":"Part PART 7","sectionType":"part","heading":"Bequests and Trusts","content":"## PART 7 Bequests and Trusts\n\n## PART 7—Bequests and Trusts\n\n## 7.1 Determination of use of funds\n\n","sortOrder":66},{"sectionNumber":"7.1","sectionType":"section","heading":"Determination of use of funds","content":"#### 7.1 Determination of use of funds\n\n 7.1.1 Any funds bequeathed in trust for the benefit of eligible students under the Scheme, are deemed to have been bequeathed in trust to the Commission.\n 7.1.3 Any bequest accepted either prior to or after the commencement of this Scheme, shall be administered within the terms of the bequest as varied from time to time by the Commission.\n\n## 7.2 Scholarships\n\n","sortOrder":67},{"sectionNumber":"7.2","sectionType":"section","heading":"Scholarships","content":"#### 7.2 Scholarships\n\n 7.2.1 The Commission may create scholarships from trust funds and may determine the duration and value of such scholarships.\n 7.2.2 A person must be an eligible child who is or has been an eligible student assisted under the Scheme in order to qualify for the grant of a scholarship.\n 7.2.3 A scholarship under paragraph 7.2.1 of this Scheme may be awarded in a course not otherwise approved for the purpose of this Scheme.\n\n## 7.3 Long Tan Bursary\n\n","sortOrder":68},{"sectionNumber":"7.3","sectionType":"section","heading":"Long Tan Bursary","content":"#### 7.3 Long Tan Bursary\n\n 7.3.1 The Commission may create a bursary to be known as the Long Tan Bursary and the Commission may determine the duration and value of the bursary and the number of bursaries to be granted in any Calendar year.\n\n> Note (1): under section 23 of the Acts Interpretation Act 1901 words in the singular number (eg. bursary) include the plural (eg. bursaries).\n\n> Note (2): Calendar year is defined in section 22 of the Acts Interpretation Act 1901.\n\n 7.3.2 The Commission may award a Long Tan Bursary to:\n (a) an Eligible child but only if the person is an Eligible child by virtue of a determination under subsection 116C(2) of the Act that the person is within a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2); or\n (b) an eligible grandchild of a Vietnam veteran.\n\n7.3.3 In deciding whether to award a Long Tan Bursary to an Eligible child or eligible grandchild of a Vietnam veteran, the Commission must take into account any matter that the Commission thinks is relevant.\n\n7.3.3A The Commission may award a bursary subject to conditions stated in the document offering the bursary to the person (however described).\n\n 7.3.4 An Eligible child or eligible grandchild of a Vietnam veteran who is awarded a Long Tan Bursary is not entitled to another Long Tan Bursary.\n\n7.3.4A The Commission may suspend or terminate a Long Tan Bursary if a person who has been awarded the bursary fails to comply with a condition imposed under paragraph 7.3.3A.\n\n7.3.4B If the Commission suspends or terminates the bursary, the Commission must give the person a written notice stating:\n\n (a) that the bursary is suspended or terminated; and\n (b) the day the suspension or termination takes effect.\n\n7.3.4C For subparagraph 7.3.4B(b), the Commission may state a day that is on or after the day the person fails to comply, or begins to fail to comply, with the condition.\n\n> Note: An overpayment may be recovered under section 205 of the Act.\n\n 7.3.5 A Long Tan Bursary may be administered by the Commission (administration power) or an organisation contracted by the Commission.\n 7.3.6 Where the Commission delegates its administration power in Paragraph 7.3.5 to another person (for example, a contractor), it may enter into financial arrangements with that other person whereby that other person is paid to administer a Long Tan Bursary (administration fee) and any such administration fee may be drawn from the funds appropriated by the Commonwealth for the administration of the Scheme.\n\n> Note: pursuant to section 213 of the Act, the Commission can delegate its powers under the Act to, among others, a contractor with the Commission.\n\n7.3.7 In this paragraph:\n\n> administer, a Long Tan Bursary, includes:\n\n (a) accept and assess an application for the bursary; and\n (b) award or refuse to award the bursary to an applicant; and\n (c) impose conditions on a bursary; and\n (d) monitor and report on a recipient of the bursary; and\n (e) carry out the actions mentioned in paragraph 7.3.4A or 7.3.4B.\n\n## 7.4 Student Start‑up Scholarship Payment\n\n","sortOrder":69},{"sectionNumber":"7.4","sectionType":"section","heading":"Student Start‑up Scholarship Payment","content":"#### 7.4 Student Start‑up Scholarship Payment\n\n Claim not required\n 7.4.1 A claim is not required for a student start‑up scholarship payment.\n Grant of scholarship\n 7.4.2 The Commission may grant a student start‑up scholarship payment to an Eligible child who is qualified for one.\n Circumstances in which Person is Qualified for Student Start‑up Scholarship Payment\n 7.4.3 An Eligible child is qualified for a student start‑up scholarship payment if at a time (the qualification time):\n (a) the person is eligible for an education allowance for a tertiary student under the Scheme, the allowance is payable to the person and the person is receiving it; and\n (b) the person is receiving the education allowance because the person is undertaking an approved scholarship course; and\n (c) the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and\n (d) the Commission is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after the qualification time.\n Circumstances in which Person is Not Qualified for Student Start‑up Scholarship Payment\n 7.4.4 A person is not qualified for a student start‑up scholarship payment if one or more of the following circumstances apply to the person in the period of 6 months (or shorter period determined by the Commission) ending immediately before the person’s qualification time:\n (a) the person has qualified for a student start‑up scholarship payment under the Scheme; or\n (b) the person has qualified for a payment under the ABSTUDY Scheme known as an “ABSTUDY student start‑up scholarship payment”; or\n (c) the person has qualified for a payment known as a “student start‑up scholarship payment” under Part 2.11B of the Social Security Act 1991 (in force from time to time); or\n (d) the person has qualified for a payment known as a “student start‑up scholarship payment” under the MRCA Childrens’ Scheme; or\n (e) the person has received the amount or value of a disqualifying education costs scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.\n Commission may determine period less than 6 months\n 7.4.5 For 7.4.4, the Commission may determine a period in relation to a person that is at least 2 months but less than 6 months if the Commission considers that the determination would enable the person to qualify for a student start‑up scholarship payment on or near the day on which the approved scholarship course concerned started or starts.\n 7.4.6 For 7.4.5, the Commission must not make a determination if the effect of the determination would be to enable the person to receive more than 2 student start‑up scholarship payments in a Calendar year.\n\n> Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)\n\n Amount of student start‑up scholarship payment\n 7.4.7 The amount of a student start‑up scholarship payment for which a person is qualified on or after 1 January 2012 is $1,025 or the amount equal to the amount, including as indexed, under section 1061ZVBD of the Social Security Act 1991 (in force from time to time), whichever is higher.\n\n## 7.5 Relocation Scholarship Payment\n\n","sortOrder":70},{"sectionNumber":"7.5","sectionType":"section","heading":"Relocation Scholarship Payment","content":"#### 7.5 Relocation Scholarship Payment\n\n Claim not required\n 7.5.1 A claim is not required for a relocation scholarship payment.\n Grant of scholarship\n 7.5.2 The Commission may grant a relocation scholarship payment to an Eligible child who is qualified for one.\n Circumstances in which Person is Qualified for Relocation Scholarship Payment\n 7.5.3 An Eligible child is qualified for a relocation scholarship payment if at a time (the qualification time):\n (a) the person is eligible for an education allowance (living away from home allowance; homeless allowance or double orphan allowance) for a tertiary student under the Scheme, the allowance is payable to the person and the person is receiving it; and\n (b) the person is receiving the education allowance in (a) because the person is undertaking an approved scholarship course; and\n (c) the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and\n (d) the Commission is satisfied that the person is not likely to receive the amount or value of a disqualifying accommodation scholarship in the period of 12 months starting immediately after the qualification time.\n Circumstances in which Person is Not Qualified for a Relocation Scholarship Payment\n 7.5.4 A person is not qualified for a relocation scholarship payment if one or more of the following circumstances apply to the person in the period of 12 months (or shorter period determined by the Commission) ending immediately before the person’s qualification time:\n (a) the person has qualified for a relocation scholarship payment under the Scheme; or\n (b) the person has qualified for a payment under the ABSTUDY Scheme known as an “ABSTUDY relocation scholarship payment”; or\n (c) the person has qualified for a payment known as a “relocation scholarship payment” under Part 2.11B of the Social Security Act 1991 (in force from time to time); or\n (d) the person has qualified for a payment known as a “relocation scholarship payment” under the MRCA Childrens’ Scheme; or\n (e) the person has received the amount or value of a disqualifying accommodation scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.\n Commission may determine period less than 12 months\n 7.5.5 For 7.5.4, the Commission may determine a period in relation to a person that is at least 3 months but less than 12 months if the Commission considers that the determination would enable the person to qualify for a relocation scholarship payment on or near 1 January in a year.\n 7.5.6 For 7.5.5, the Commission must not make a determination if the effect of the determination would be to enable the person to receive more than 2 relocation scholarship payments in a period of 2 successive Calendar years.\n\n> Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)\n\n Amount of relocation scholarship payment\n 7.5.7\n (1) The amount of a relocation scholarship payment to a person is $4,000 (or the amount equal to the amount, including as indexed, under subsection 592L(1) of the Social Security Act 1991 (in force from time to time), whichever is higher) if the person has not received a student relocation payment (see subparagraph (5)) before.\n (2) Subsection (1) does not apply if:\n (a) the person has, at any time before the Calendar year containing the qualification time, undertaken full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and\n\nNote: The Acts Interpretation Act 1901 defines Calendar year (s.22)\n\n (b) at a time that was both while the person was undertaking that study and more than 6 months before the qualification time, the person either:\n (i) was in receipt of a homeless student education allowance under the Scheme; or\n (ii) did not receive a homeless student education allowance under the Scheme but received, under the Scheme, a living away from home allowance for a tertiary student or a double orphan allowance for a tertiary student.\n (3) The amount of a relocation scholarship payment to a person is $1000 (or the amount equal to the amount, including as indexed, under subsection 592L(3) of the Social Security Act 1991 (in force from time to time), whichever is higher) if neither subsection (1) nor subsection (4) applies.\n (4) The amount of a relocation scholarship payment to a person is $2,000 (or the amount equal to the amount, including as indexed, under subsection 592L(4) of the Social Security Act 1991 (in force from time to time), whichever is higher) if:\n (a) in 1 or more Calendar years (the prior years) that precede the Calendar year containing the qualification time, the person undertook full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and\n\nNote: The Acts Interpretation Act 1901 defines Calendar year (s.22)\n\n (b) in 1 or 2 (but no more) of the prior years:\n (i) the person was, while undertaking such study, in receipt of a homeless student education allowance under the Scheme; or\n (ii) the person, while undertaking such study, did not receive, a homeless student education allowance under the Scheme but received, under the Scheme, a living away from home allowance for a tertiary student or a double orphan allowance for a tertiary student; or\n (iii) the person received a student relocation payment (see subparagraph (5)).\n (5) A student relocation payment means any of the following:\n (a) a relocation scholarship payment;\n (b) a payment under the ABSTUDY Scheme known as an “ABSTUDY relocation scholarship payment”;\n (c) a payment known as a relocation scholarship payment under Part 2.11B of the Social Security Act 1991;\n (d) a payment known as a “relocation scholarship payment” under the MRCA Childrens’ Scheme;\n (e) the amount or value of a Commonwealth Accommodation Scholarship.\n Debts in respect of scholarship payments\n Person does not start to undertake course\n 7.5.8\n (1) If a person:\n (a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and\n (b) does not start to undertake full‑time study in an approved scholarship course;\n (c) the amount of the payment is a debt due to the Commonwealth; and\n (d) the debt is taken to have arisen when the person receives the payment.\n However, this subparagraph does not apply if, in the Commission’s opinion, the person does not start to undertake full‑time study in an approved scholarship course because of exceptional circumstances beyond the person’s control.\n Person not continuing to undertake a course\n (2) If a person:\n (a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course (the qualifying course); and\n (b) starts to undertake an approved scholarship course; and\n (c) is not undertaking full‑time study in an approved scholarship course at the end of 35 days after the qualifying course commences;\n (d) the amount of the payment is a debt due to the Commonwealth; and\n (e) the debt is taken to have arisen when the person received the payment.\n (3) If a person:\n (a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is undertaking an approved scholarship course; and\n (b) is not undertaking full‑time study in an approved scholarship course at the end of 35 days after qualifying for the payment;\n (c) the amount of the payment is a debt due to the Commonwealth; and\n (d) the debt is taken to have arisen when the person received the payment.\n (4) Subparagraphs (2) and (3) do not apply if, in the Commission’s opinion, the person is not undertaking full‑time study in an approved scholarship course because of exceptional circumstances beyond the person’s control.\n\n","sortOrder":71},{"sectionNumber":"Part PART 8","sectionType":"part","heading":"Determination of Assistance","content":"## PART 8 Determination of Assistance\n\n## PART 8—Determination of Assistance\n\n## 8.1 Determinations\n\n","sortOrder":72},{"sectionNumber":"8.1","sectionType":"section","heading":"Determinations","content":"#### 8.1 Determinations\n\n 8.1.1 The Commission may, under the Scheme, determine:\n (a) eligibility;\n (b) levels of benefits; and\n (c) claims for benefits.\n 8.1.2 The Commission may delegate any of its powers under the Scheme to an employee or officer of the Australian Public Service.\n\n## 8.2 Review of decisions\n\n","sortOrder":73},{"sectionNumber":"8.2","sectionType":"section","heading":"Review of decisions","content":"#### 8.2 Review of decisions\n\n 8.2.1 Where an application for benefit has been declined, reasons for that decision shall be provided, in writing, to the applicant.\n 8.2.2 Where a student or a student’s parent, guardian or trustee is dissatisfied with a decision of the Commission, that student, parent, guardian or trustee may make an application to the Commission for a review of the decision.\n 8.2.3 The application for review must be made within 3 months of the student, parent, guardian or trustee receiving a copy of that decision.\n 8.2.4 The Commission must review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its power under this paragraph (not being the person who made the decision).\n 8.2.5 On the completion of its review of a decision, the Commission shall:\n (a) if it is satisfied that the decision is unsatisfactory, set aside the decision and substitute for that decision such decision as the Commission considers to be appropriate; or\n (b) if it is not so satisfied, affirm the decision.","sortOrder":74}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This instrument consolidates and updates the operational rules for the Veterans’ Children Education Scheme but remains within the Scheme’s original compensatory purpose (education support for eligible children under the Veterans’ Entitlements Act 1986). It does add detailed, time‑limited Clean Energy payment provisions (Part 3A) and the income support bonus mechanism (Part 3B), and clarifies scholarship administration (Long Tan Bursary, Parts 7.3–7.5). Those additions are either temporary (the clean energy measures apply to 2012–2013 periods) or refine program delivery and eligibility; they do not represent a substantial change of scope beyond the Scheme’s original objective of providing educational assistance to eligible children. (See paras 1.4; Part 3; Part 3A; Part 7.)"},"complexity_factors":["Around 50 defined terms in the Interpretation (paragraphs 1.2 and 1.2.2) including a separate Clean Energy Payment definitions block.","Multiple Parts with overlapping provisions (Parts 1–8, plus Parts 3A and 3B) and repeated cross‑references.","Extensive cross‑legislative referencing: Social Security Act 1991 (indexation, course approval, progress rules), MRCA, Higher Education Support Act, and the Acts Interpretation Act (several paras).","Numerical rules and multi‑step formulas with rounding for Clean Energy advance/top‑ups (Part 3A paras 3A.2–3A.5).","Nested eligibility tests and multiple‑entitlement exclusions (e.g. para 2.11, 2.12, Part 3A paras 3A.10 and 3A.14) and exceptions to exceptions (e.g. Long Tan Class restriction at 2.1A).","Numerous conditional payments with temporal qualification windows (student start‑up/relocation qualifications and look‑back periods in Part 7.4–7.5).","Indexation tied to specific table items in the SSA requiring external look‑ups (para 3.8.2 and 3B.4–3B.5).","Debt and recovery rules tied into Act s.205 and administrative determinations (paras 3A.7–3A.9; 7.5.8)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Establishes and governs the Veterans’ Children Education Scheme (VCES), the set of rules under which the Repatriation Commission (the Commission) provides education-related financial assistance, scholarships, student support services and guidance/counselling to “eligible children” (as defined in section 116 of the Veterans’ Entitlements Act 1986 (the Act)). (See Parts 1–3, 4 and 7.)\n- Specifies who may claim and how claims are made (written claims to Department offices except where a claim is not required). (See paras 2.2–2.3.)\n- Sets detailed eligibility conditions (place of study, full‑time/part‑time rules, progress and absence rules, interaction with other Commonwealth assistance). (See Part 2, paras 2.4–2.12.)\n- Creates a menu of payments and supports: recurring education allowances (primary, secondary, tertiary, homeless, double‑orphan, living away from home), student start‑up and relocation scholarship payments, Long Tan Bursary, fares allowance, additional tuition, special assistance, rent assistance, and guidance/counselling. (See Part 3, Parts 5 and 7.)\n- Implements temporary/one‑off “Clean Energy” payments (clean energy advance, energy supplement, quarterly energy supplement, and top‑up rules) that apply to historical periods in 2012–2013 and related calculation, rounding and repayment (debt) rules. (See Part 3A.)\n- Establishes an income support bonus (paid on specified test days) for those receiving certain education allowances and sets indexation rules. (See Part 3B.)\n- Gives the Commission decision‑making, delegation and review powers (determinations, delegation to APS staff, review of decisions on request). (See Part 8.)\n\n**Who it affects**\n\n- Primary affected group: children and dependants of certain veterans who meet the “eligible child” test in section 116 of the Act (this includes dependants of members/veterans and specified classes such as eligible grandchildren of Vietnam veterans in particular circumstances). (See para 2.1 and definitions in 1.2.)\n- Secondary affected parties:\n - Parents, guardians or other “appropriate persons” who may receive payments on behalf of minors. (Defs, para 1.2.1.)\n - Educational institutions or individuals providing board (may receive living‑away allowances). (See para 3.4.)\n - The Repatriation Commission and the Department of Veterans’ Affairs (administration and monitoring). (See paras 1.5 and 8.1.)\n - Commonwealth (taxpayers) because the Commonwealth funds the payments and bears fiscal cost.\n\n**Why it matters (practical effects and mechanics of incentives/costs)**\n\n- Purpose claimed: to compensate eligible children of veterans and help them achieve educational/career outcomes by removing financial barriers and providing support services. (See para 1.4.1.)\n\n- Who pays and who decides:\n - Payments are funded by the Commonwealth and administered by the Repatriation Commission (paras 1.5.1, 7.3.6). The Commission has wide discretion to determine eligibility, payment levels, and to delegate decision‑making (paras 8.1.1–8.1.2).\n\n- Behaviour the instrument changes or incentivises:\n - Lowers private cost of study for eligible children via allowances and scholarships (Part 3; Parts 7.4–7.5), which strengthens the financial incentive to undertake and continue approved education. \n - Conditional payments (e.g. progress rules at 2.5, debt recovery if a scholarship recipient does not start or continue study at 7.5.8) create incentives to actually commence and persist in study. \n - Restrictions on receiving other Commonwealth education or income support payments (para 2.11) reduce the possibility of receiving duplicate Commonwealth assistance and influence choices about claiming ABSTUDY or youth allowance versus VCES benefits.\n\n- Costs, administrative burden and implementation risk:\n - Fiscal cost is borne by the Commonwealth; benefits are concentrated on a relatively small, defined beneficiary group (eligible children) while costs are spread across taxpayers (see Part 3 and Part 7 scholarship provisions). \n - Administrative complexity and compliance burden are material: the Commission must apply many cross‑legislative rules (numerous cross‑references to the Social Security Act 1991, MRCA, Higher Education Support Act), calculate indexation and formulaic payments (see paras 3.8.2–3.8.3; Part 3A), and manage transitional arrangements (clause 3 saving/transitional provisions). This increases implementation risk (systems, inter‑agency clearances, accurate historic calculations for clean energy advances). \n - Recipients and their families face documentation and timing burdens (written claims, clearances for those aged 16 and over, adherence to qualification windows for start‑up/relocation scholarships). (See paras 2.2–2.4; 7.4–7.5.)\n\n- Trade-offs and substitution effects:\n - Mutual‑exclusion rules (para 2.12; Part 3A multiple entitlement exclusions at 3A.10; paragraph 3A.14.1 for energy supplement) mean recipients may prefer one program over another; this can alter uptake of ABSTUDY, youth allowance or MRCAETS. \n - Relocation and start‑up payments (Parts 7.4–7.5) may increase geographic mobility for tertiary study; debt provisions if study is not started or continued (7.5.8) create a risk for recipients and a monitoring requirement for the Commission. \n\n- Discretion and accountability:\n - The Commission has significant discretion to approve payments, make determinations on exceptional circumstances, impose conditions on bursaries and delegate administration (paras 3.4.1, 7.3.3A, 8.1.1). The Scheme provides formal review processes for applicants (paras 8.2.2–8.2.5), but administrative discretion is broad and operationally significant. \n\n**Key specific mechanics to note (examples with section pointers)**\n\n- Indexation: many allowances are indexed by reference to provisions in the Social Security Act rather than fixed nominal amounts (para 3.8.2; 3.8.3). \n- Clean Energy payments: detailed computation (daily rate = 1.7% of underlying payment, rounding, +20c, divide by 14) and capped eligibility windows (Part 3A, paras 3A.2–3A.5). These are time‑limited historical payments tied to 2012–2013 periods. \n- Long Tan Bursary: narrow eligibility and explicit restriction that persons eligible solely because they are in the “Long Tan Class of Person” get only the bursary and no other VCES benefit (para 2.1A.1; Part 7.3). \n- Debt recovery: amounts paid in error or where conditions are breached (false statements, not starting/continuing course) are recoverable against the recipient and linked to section 205 of the Act (paras 3A.7–3A.9; 7.5.8).\n\n**Net operational picture**\n- The Scheme retains a narrowly targeted compensatory purpose (education assistance for eligible children of veterans) while layering in a range of specific financial supports and several temporary/retrospective payment mechanisms (clean energy payments). The Commission administers complex eligibility and payment rules and must coordinate with other Commonwealth regimes (Social Security, MRCA) to implement indexation, entitlement exclusion and debt recovery rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":979},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The scheme has expanded significantly beyond its original compensatory education allowance purpose. It now incorporates: (1) clean energy payments and energy supplements (Part 3A) — transitional carbon price compensation measures from 2012–2013 that have been retained; (2) income support bonus (Part 3B) — another transitional measure; (3) extensive scholarship programs (student start-up, relocation, Long Tan Bursary); (4) rent assistance and fares allowances mirroring Social Security Act provisions; and (5) complex interaction rules with ABSTUDY, Youth Allowance, and other Commonwealth schemes. The original 1992 instrument has been augmented with provisions responding to policy changes (carbon pricing, higher education reforms) that extend well beyond the core purpose of supporting veterans' children's education."},"complexity_factors":["Extensive cross-referencing to external legislation (Veterans' Entitlements Act 1986, Social Security Act 1991, Military Rehabilitation and Compensation Act 2004, Higher Education Support Act 2003)","Multiple overlapping payment systems with mutual exclusivity rules and complex eligibility conditions","Detailed indexing provisions referencing CPI calculations from other Acts","Nested definitions requiring navigation through multiple instruments (e.g., 'eligible child' defined in primary Act, 'Long Tan Class of Person' in separate Determination)","Conditional payment structures with numerous exceptions (e.g., 2.11.2 has 4 separate carve-outs to the general rule against duplicate assistance)","Age-based payment hierarchies (under 16 vs 16+ vs tertiary) with different payees and rates","Transitional and savings provisions preserving rights under revoked predecessor instrument","Clean energy payment provisions (Part 3A) with complex top-up calculations and multiple entitlement exclusions","Specific temporal limitations on certain benefits (e.g., clean energy advance periods limited to 2012–2013)","Multiple scholarship payment types with intricate qualification periods and anti-double-dipping provisions"],"plain_english_summary":"The Veterans' Children Education Scheme (VCES) is a compensatory program that helps children and certain descendants of Australian veterans access and complete education by providing indexed financial assistance, scholarships, allowances, and support services. It targets eligible veteran dependants—including orphans, disadvantaged or independent students, and specific Vietnam veteran descendants—and is administered by the Repatriation Commission to preserve entitlements, promote educational potential, and remove financial and support barriers to study in Australia."}},"importantCases":[],"_links":{"self":"/api/acts/f2015l01280","history":"/api/acts/f2015l01280/history","analysis":"/api/acts/f2015l01280/analysis","conflicts":"/api/acts/f2015l01280/conflicts","importantCases":"/api/acts/f2015l01280/important-cases","documents":"/api/acts/f2015l01280/documents"}}