258Education scheme for certain eligible young persons

258  Education scheme for certain eligible young persons  (1) The Commission may determine, in writing, a scheme to provide education and training for:  (a) an eligible young person who is a dependant of the following member or former member:  (i) a member or former member who satisfies the eligibility criteria in section 199 (persons who are eligible for Special Rate Disability Pension), or who has satisfied those criteria during some period of his or her life;  (iii) a member or former member who suffers an impairment, as a result of one or more service injuries or diseases, that the Commission has determined under Part 2 of Chapter 4 constitutes 80 or more impairment points; and  (b) an eligible young person who, immediately before a deceased member’s death, was a dependant of the member in respect of whom section 12 applies. Note: This Part does not apply to an eligible young person who was also the wholly dependent partner of the deceased member (see section 260).  (2) A claim under section 319 must be made in respect of the eligible young person in order to be provided with education and training under the scheme.  (3) The scheme may provide for the following:  (a) the payment of maintenance allowances for eligible young persons who are being provided with education or training under the scheme;  (aa) the payment of scholarships for eligible young persons who are being provided with education or training under the scheme;  (b) how applications for education or training for eligible young persons are made under the scheme;  (c) investigating and determining those applications;  (d) the establishment, membership and operation of any body to perform the functions, and exercise the powers, that are conferred on the body by or under the scheme in respect of the operation of the scheme;  (e) guidance and counselling services in respect of the education or training of eligible young persons under the scheme.  (4) The Commission may, by written determination, vary or revoke a determination under subsection (1).  (5) A determination, and any variation or revocation of a determination, under this section has no effect unless the Minister has approved the determination, variation or revocation in writing.  (6) A determination, and any variation or revocation of a determination, under this section prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination, variation or revocation is approved.  (7) This section does not apply in relation to a person who is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.