“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.