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Name of instrument
1 Name of instrument
This instrument is the Veterans’ Children Education Scheme.
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Commonwealth legislation
This instrument establishes the Veterans’ Children Education Scheme, administered by the Repatriation Commission, to provide financial assistance, scholarships and student support to eligible children of veterans. It sets who qualifies, payment types and rates (including primary, secondary, tertiary, living‑away, homeless and special bursaries), conditions for payment, recovery of overpayments and review rights.
Payments are funded by the Commonwealth and decided and delegated by the Commission; recipients must claim in an approved form, meet attendance/progress rules and avoid receiving overlapping Commonwealth educational payments to remain eligible.
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Direct links to the current provisions in Veterans' Children Education Scheme.
This instrument is the Veterans’ Children Education Scheme.
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.
<table cellspacing="0" cellpadding="0" style="width:100%; border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr><td colspan="2" style="border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Column 1</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Column 2</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Provision(s)</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Commencement</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">Item 1</span><span style="font-size:10pt">‑</span><span style="font-size:10pt"> Any provision in this Instrument not elsewhere covered by this table.</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">Day after registration</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">Item 2</span><span style="font-size:10pt">‑</span><span style="font-size:10pt"> Paragraphs 2.6.2 and 2.6.3</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">1 January 2014</span></p></td></tr></tbody></table>
(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.
Note: the intention is to enable a seamless transition of eligibility from the former Scheme to the current one.
(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.
(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.
(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.
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.
Note (1): see paragraph 2.4.1
Note (2): the intention is to enable a seamless transition of eligibility from the former Scheme to the current one.
“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.
Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.
(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.
(a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or
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.
“approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).
“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).
“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).
“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.
(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
(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
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.
“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.
(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
(b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—
(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
Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.
“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).
Long 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.
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.
“responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.
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).
“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.
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.
(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
(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.
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.
(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
(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.
Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.
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.
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.
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.
MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.
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.
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.
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.
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.
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.
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.
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.
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.
1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
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.
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.
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.
(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
(i)
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(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.
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.
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).
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. 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.
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.
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: 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: (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 (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.
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.
(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:
(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.
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: (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 (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.
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. 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. 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. 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.
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: 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: (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or (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.
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.
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.
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. (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
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. (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 (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
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 (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or
Note: 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.
(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
(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.
3.4.3 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.
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:
3.4.6 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:
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
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: 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.
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. 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.
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. (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;
3.7.1 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.
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.
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.
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.
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).
3.8.3 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.
“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.
Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.
(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.
(a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or
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.
“approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).
“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).
“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).
“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.
(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
(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
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.
“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.
(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
(b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—
(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
Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.
“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).
Long 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.
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.
“responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.
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).
“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.
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.
(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
(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.
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.
(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
(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.
Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.
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.
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.
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.
MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.
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.
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.
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.
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.
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.
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.
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.
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.
1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
“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.
Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.
(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.
(a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or
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.
“approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).
“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).
“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).
“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.
(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
(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
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.
“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.
(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
(b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—
(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
Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.
“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).
Long 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.
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.
“responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.
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).
“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.
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.
(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
(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.
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.
(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
(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.
Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.
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.
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.
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.
MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.
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.
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.
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.
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.
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.
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.
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.
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.
1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
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.
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.
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.
(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
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(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.
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.
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).
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. 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.
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.
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: 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: (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 (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.
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.
(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:
(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.
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: (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 (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.
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. 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. 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. 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.
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: 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: (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or (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.
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.
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.
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. (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
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. (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 (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
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 (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or
Note: 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.
(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
(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.
3.4.3 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.
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:
3.4.6 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:
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
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: 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.
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. 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.
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. (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;
3.7.1 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.
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.
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.
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.
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).
3.8.3 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.
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.
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.
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.
(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
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(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.
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.
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).
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. 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.
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.
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: 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: (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 (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.
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.
(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:
(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.
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: (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 (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.
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. 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. 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. 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.
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: 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: (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or (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.
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.
“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.
Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.
(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.
(a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or
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.
“approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).
“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).
“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).
“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.
(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
(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
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.
“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.
(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
(b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—
(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
Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.
“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).
Long 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.
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.
“responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.
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).
“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.
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.
(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
(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.
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.
(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
(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.
Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.
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.
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.
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.
MRCA wholly dependent partner payment means the compensation payable to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.
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.
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.
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.
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.
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.
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.
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.
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.
1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
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.
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.
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.
(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
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(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.
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.
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).
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. 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.
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.
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: 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: (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 (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.
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.
(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:
(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.
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: (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 (c) for health, economic or academic reasons, the student has shown ability to undertake full‑time studies but needs to study part‑time temporarily.
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. 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. 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. 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.
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: 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: (b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or (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.
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.
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.
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. (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
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. (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 (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
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 (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or
Note: 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.
(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
(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.
3.4.3 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.
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:
3.4.6 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:
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
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: 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.
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. 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.
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. (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;
3.7.1 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.
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.
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.
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.
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).
3.8.3 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.
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.
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. (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
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. (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 (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
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 (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or
Note: 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.
(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
(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.
3.4.3 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.
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:
3.4.6 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:
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
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: 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.
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. 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.
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. (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;
3.7.1 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.
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.
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.
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.
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).
3.8.3 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.
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:
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:
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:
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:
3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).
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
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.
(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
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:
(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
(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
(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;
(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
(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:
(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:
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.
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.
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.
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.
(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:
(c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
(a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and
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).
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. 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.
3A.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.
(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
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.
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.
Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.
(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).
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. 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.
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: 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.
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.
Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.
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. 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.
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.
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. (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
(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
(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
(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
(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.
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.
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.
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. 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. 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.
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: (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 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.
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.
(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
(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
4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate. 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.
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:
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:
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:
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:
3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).
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
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.
(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
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:
(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
(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
(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;
(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
(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:
(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:
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.
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.
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.
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.
(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:
(c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
(a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and
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).
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. 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.
3A.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.
(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
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.
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.
Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.
(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).
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. 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.
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: 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.
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.
Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.
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. 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.
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.
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. (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
(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
(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
(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
(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.
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.
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.
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. 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. 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.
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: (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 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.
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.
(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
(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
4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate. 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.
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:
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:
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:
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:
3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).
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
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.
(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
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:
(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
(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
(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;
(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
(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:
(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:
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.
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.
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.
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.
(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:
(c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
(a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and
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).
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. 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.
3A.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.
(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
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:
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:
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:
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:
3A.1.6 A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).
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
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.
(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
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:
(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
(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
(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;
(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
(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:
(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:
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.
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.
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.
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.
(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:
(c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
(a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and
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).
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. 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.
3A.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.
(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
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.
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.
Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.
(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).
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. 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.
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: 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.
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.
Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.
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. 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.
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.
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. (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
(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
(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
(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
(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.
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.
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.
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. 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. 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.
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: (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 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.
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.
(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
(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
4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate. 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.
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.
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.
Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.
(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).
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. 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.
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: 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.
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.
Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.
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. 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.
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.
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. (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
(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
(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
(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
(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.
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.
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.
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. 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. 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.
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: (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 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.
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.
(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
(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
4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate. 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.
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.
Note: a fare may be the cost of using private transport.
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.
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.
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.
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.
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.
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. 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.
Note 1 – rent assistance criteria under the Social Security Act 1991 are set out in point 1067G‑D1 of that Act.
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.
Note 3 – in order to receive rent assistance for premises in Australia, while studying outside Australia, a student must also satisfy paragraph 2.6.
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.).
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. 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.
7.2.1 The Commission may create scholarships from trust funds and may determine the duration and value of such scholarships. 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. 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.
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.
Note (1): under section 23 of the Acts Interpretation Act 1901 words in the singular number (eg. bursary) include the plural (eg. bursaries).
Note (2): Calendar year is defined in section 22 of the Acts Interpretation Act 1901.
7.3.2 The Commission may award a Long Tan Bursary to: (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 (b) an eligible grandchild of a Vietnam veteran.
7.3.3 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.
7.3.3A The Commission may award a bursary subject to conditions stated in the document offering the bursary to the person (however described).
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.
7.3.4A 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.
7.3.4B If the Commission suspends or terminates the bursary, the Commission must give the person a written notice stating:
(a) that the bursary is suspended or terminated; and
(b) the day the suspension or termination takes effect.
7.3.4C 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.
Note: An overpayment may be recovered under section 205 of the Act.
7.3.5 A Long Tan Bursary may be administered by the Commission (administration power) or an organisation contracted by the Commission. 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.
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.
7.3.7 In this paragraph:
administer, a Long Tan Bursary, includes:
(a) accept and assess an application for the bursary; and
(b) award or refuse to award the bursary to an applicant; and
(c) impose conditions on a bursary; and
(d) monitor and report on a recipient of the bursary; and
(e) carry out the actions mentioned in paragraph 7.3.4A or 7.3.4B.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Veterans’ Children Education Scheme.
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.
<table cellspacing="0" cellpadding="0" style="width:100%; border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr><td colspan="2" style="border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Column 1</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Column 2</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Provision(s)</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt; font-weight:bold">Commencement</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">Item 1</span><span style="font-size:10pt">‑</span><span style="font-size:10pt"> Any provision in this Instrument not elsewhere covered by this table.</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">Day after registration</span></p></td></tr><tr><td style="width:46.08%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">Item 2</span><span style="font-size:10pt">‑</span><span style="font-size:10pt"> Paragraphs 2.6.2 and 2.6.3</span></p></td><td style="width:53.92%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p><span style="font-size:10pt">1 January 2014</span></p></td></tr></tbody></table>
(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.
Note: the intention is to enable a seamless transition of eligibility from the former Scheme to the current one.
(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.
(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.
(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.
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.
Note (1): see paragraph 2.4.1
Note (2): the intention is to enable a seamless transition of eligibility from the former Scheme to the current one.
1.2.1 In this Scheme, unless the contrary intention appears:
“Act” means the Veterans’ Entitlements Act 1986.
“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.
Note: in 2010 the ABSTUDY Scheme was administered and delivered by Centrelink on behalf of the Department of Education, Employment and Workplace Relations.
“appropriate person”, in relation to a student means:
(a) a parent, guardian, trustee, or person approved by a parent, guardian or trustee; or
(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.
“approved full‑time tertiary or technical and further education course” means
(a) a tertiary course that is an approved course of education or study under Part 2.11 of the Social Security Act 1991; or
(b) an apprenticeship undertaken by a new apprentice;
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.
“approved scholarship course” means a course under section 592M of the Social Security Act 1991 (in force from time to time).
“assistance” includes any of the following (however described) provided under this Scheme:
(a) financial assistance;
(b) student support services;
(c) guidance and counselling.
“Commission” means the Repatriation Commission.
“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).
“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).
“course of tertiary study”, for paragraph 2.7.1(c), means tertiary education.
“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.
Note (1): see paragraph 7.2.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“Department” means the Department of Veterans’ Affairs.
disqualifying accommodation scholarship means:
(a) a scholarship:
(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(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
(b) a Commonwealth Accommodation Scholarship.
disqualifying education costs scholarship means:
(a) a scholarship:
(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(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
(b) a Commonwealth Education Costs Scholarship.
“double orphan” means:
(a) an eligible child who does not have a parent; or
(b) an eligible child who has one parent and:
(i) the deceased parent was a member or veteran by reference to whom the child is an ‘eligible child’; and
(ii) the Commission is satisfied the child is not being maintained by the surviving parent.
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.
eligible grandchild of a Vietnam veteran – has the same meaning as it has in subsection 116(1) of the Act.
“family tax benefit” means a family tax benefit under the A New Tax System (Family) Assistance Act 1999.
“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.
Note: see paragraph 5.1.1
“FTB child” means an FTB child within the meaning of the A New Tax System (Family) Assistance Act 1999.
“full-time”—a student undertakes a course on a full-time basis when:
(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
(b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—
(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
(ii) the student is deemed as undertaking full-time study under section 2.7.2.
Note: Paragraph 2.7.1(c) covers courses other than an approved full‑time tertiary or technical and further education course.
“income support bonus” means the payment of that name in Part 3B.
“income support bonus test day” means:
(a) 20 March 2013; and
(b) 20 September 2013; and
(c) each later 20 March; and
(d) each later 20 September.
“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).
Long 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.
“MRCA” means the Military Rehabilitation and Compensation Act 2004 in force from time to time.
“MRCC” means the Military Compensation and Rehabilitation Commission established under section 361 of MRCA.
“MRCA Childrens’ Scheme” or “MRCAETS” means the scheme determined under subsection 258(1) of the MRCA.
“new apprentice” has the meaning it has in subsection 23(1) of the Social Security Act 1991.
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.
“payday” means the pension payday defined in subsection 5Q(1) of the Act.
“primary education” means education provided at a school at any level:
(a) beginning in the first year of compulsory schooling; and
(b) ending in the sixth year of compulsory schooling.
“primary student” means a student undertaking primary education.
“relocation scholarship payment” means the payment of that name in paragraph 7.5.
“responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.
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).
“secondary education” means formal education at a school other than primary education.
“secondary student” means a student undertaking secondary education.
“secondary or tertiary student” means a secondary student or a tertiary student.
“Scheme” means the Veterans’ Children Education Scheme.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.
“student start‑up scholarship payment” means the payment of that name in paragraph 7.4.
“tertiary education” means formal education at a college or university.
“tertiary student” means a student undertaking tertiary education.
“youth allowance” means an allowance of that name in Part 2.11 of the Social Security Act 1991.
1.2.2. Clean Energy Payment Definitions In this instrument:
ABSTUDY has the same meaning it has in the Social Security Act 1991.
ABSTUDY Living Allowance means the allowance of that name under the ABSTUDY scheme.
Act means the Veterans’ Entitlements Act 1986.
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.
clean energy advance, unless a contrary intention appears, means the payment of that name under PART 3A.
clean energy advance daily rate means the rate worked out under paragraph 3A.3.1.
clean energy advance eligibility day means:
(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
(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.
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.
clean energy advance period means:
(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
(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.
clean energy base payment means:
an ABSTUDY Living Allowance; or
a clean energy qualifying payment; or
a clean energy underlying payment; or
a clean energy underlying payment under the MRCA; or
a clean energy underlying payment under the MRCAETS; or
a clean energy underlying payment under the VEA.
Note:
This is an opening excerpt, not the complete document.