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Name of instrument
1 Name of instrument
This instrument is the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Scheme, operating under the Military Rehabilitation and Compensation Act 2004, provides financial support to eligible children (dependants of current or former ADF members) to complete education and training up to age 25. It supplies education allowances, scholarships, travel/rent/tutoring support and limited supplements, generally for full‑time study in Australia. Claims go to the Department of Veterans’ Affairs, with review and appeal rights to the Commission and AAT.
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Direct links to the current provisions in Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (2 July 2015).
This instrument is the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
(1) 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:51.16%; 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:48.84%; 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:51.16%; 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:48.84%; 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:51.16%; 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</span><span style="font-size:10pt"> </span><span style="font-size:10pt">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:48.84%; 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:51.16%; 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</span><span style="font-size:10pt"> </span><span style="font-size:10pt">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:48.84%; 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</span><span style="font-size:10pt"> </span><span style="font-size:10pt">January 2014</span></p></td></tr></tbody></table>
(a) A person eligible for an education allowance or other benefit under the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) 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 granted under 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 Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) (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 Military Rehabilitation and Compensation Commission (Commission) under the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) (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.
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 Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) (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:
“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.
“Act” means the Military Rehabilitation and Compensation Act 2004.
“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 subparagraph (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).
“Commission” means the Military Rehabilitation and Compensation 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.
“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.
“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 7.1.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“COVID‑19 supplement” means the payment of that name payable under Part 3C.
“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.
“eligible child” means the person described in paragraph 2.1.1.
“extension period” means the period of any extension of the period for which the COVID‑19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.
“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
“full time”, in relation to a student undertaking a course of either:
(a) general primary; or
(b) secondary education;
means an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Note: this definition is based on subsection 541B(3) of the Social Security Act 1991.
“full‑time”, in relation to a student undertaking either:
(a) an approved full‑time tertiary or technical and further education course; or
(b) a course of tertiary study other than an approved full‑time tertiary or technical and further education course;
is worked out under the following rule: Subject to 2.7.2, a student is in full‑time study in respect of a period if, had the Commission been the Secretary under Subdivision B of Division 1 of Part 2.11 of Chapter 2 of the Social Security Act 1991, the Commission is satisfied that throughout the period the student is undertaking full‑time study such that the student satisfies the activity test that would qualify the student for the Youth Allowance.
Note (1): paragraph 2.7.2 enables the Commission to deem part‑time study to be full‑time study in certain circumstances.
Note (2): 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).
“Military Rehabilitation and Compensation Commission” means the body established under section 361 of the Military Rehabilitation and Compensation Act 2004.
“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 interval specified by the Commission under section 430 of the Act.
“relocation scholarship payment” means the payment of that name in paragraph 7.3.
“Repatriation Commission” means the body continued in existence under section 179 of the VEA.
“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, other than tertiary education, at a school.
“secondary student” means a student undertaking secondary education.
“secondary or tertiary student” means a secondary student or a tertiary student.
“Scheme” means this Scheme, as determined by the Military Rehabilitation and Compensation Commission, under section 258 of the Military Rehabilitation and Compensation Act 2004, and known as the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child in respect of whom assistance is provided under this Scheme.
“student start‑up scholarship payment” means the payment of that name in paragraph 7.2.
“tertiary education” means formal education, other than secondary education, at a college or university.
“tertiary student” means a student undertaking tertiary education.
“youth allowance” is the allowance of that name in Part 2.11 of Chapter 2 of the Social Security Act 1991.
“VEA” means the Veterans’ Entitlements Act 1986.
“Veterans’ Children Education Scheme” means the Scheme established by the Repatriation Commission under section 117 of the VEA.
In this determination:
ABSTUDY has the same meaning it has in the Social Security Act 1991.
Act means the Military Rehabilitation and Compensation Act 2004.
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 subsection 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 VCES; or
a clean energy underlying payment under the VEA.
Note: the MRCA, the VCES and the VEA contain their own definitions of “clean energy underlying payment”.
clean energy bonus has the same meaning it has in the Act.
clean energy payment means a payment under PART 3A.
clean energy qualifying payment has the same meaning it has in the Social Security Act 1991.
clean energy underlying payment or education allowance means an education allowance under one of the following paragraphs in PART 3:
paragraph 3.3 (allowance for secondary or tertiary student living at home)
paragraph 3.4 (allowance for secondary student living away from home)
paragraph 3.5 (allowance for tertiary student living away from home)
paragraph 3.6 (allowance for homeless student)
Commission means the Military Rehabilitation and Compensation Commission established by section 361 of the Act.
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 means the Military Rehabilitation and Compensation Act 2004.
MRCA wholly dependent partner payment means the compensation payable under Division 2 of Part 2 of Chapter 5 of the MRCA.
MRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the Act.
multiple entitlement exclusion has the same meaning as in subsection 424H(4) of the Act.
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 change day, in relation to a person, means the first change day for the person.
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.
quarterly energy supplement means the payment described in paragraph 3A.15.1.
service pension has the same meaning it has in subsection 5Q(1) of the VEA.
SSA means the Social Security Act 1991.
top‑up payment means the payment of that name calculated under Part 3A.
top‑up qualifying condition has the meaning given by paragraph 3A.5.2.
VCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.
VCES payment means an education allowance under the VCES.
VEA means the Veterans’ Entitlements Act 1986.
war widow(er) pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to subsection 30(1) of the VEA.
1.3.1 The Scheme is established under Part 3 of Chapter 5 of the Act and has been prepared in accordance with section 258 of the Act by the Commission and approved by the Minister.
1.4.1 The purpose of this compensatory Scheme is to, in accordance with the Scheme: (a) provide financial assistance; (b) provide special assistance; (c) provide student support services; and (d) arrange for guidance and counselling; for eligible children to help them achieve their full potential in education or career training. 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible children and their parents, guardians or trustees.
1.5.1 The Commission is responsible for the administration of the Scheme.
2.1.1 “eligible child” is an eligible young person as defined in section 258 of the Act ‑ except that an eligible child is not an eligible young person to whom section 260 of the Act applies.
2.2.1 Except where otherwise provided, a claim for a benefit under the Scheme: (a) shall be in writing; and (b) in accordance with the form, if any, approved by the Repatriation Commission for a claim for a similar benefit under the Veterans’ Children Education Scheme; and (c) lodged at an office of the Department in Australia.
Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.2 and 7.3.
2.3.1 A claim for benefits under the Scheme may be made: (a) by a member or former member, as described in paragraph 258(1)(a) of the Military Rehabilitation and Compensation Act 2004, of whom the eligible child, in respect of whom the claim is made, is a dependant; or (b) by a dependant of the member or former member referred to in paragraph (a) – being a dependant who has attained the age of 16 years; or (c) with the approval of the member or former member (in paragraph (a)) or dependant (in paragraph (b)) — by another person on behalf of the member, former member or dependant; or (d) if the member or former member (in paragraph (a)) or dependant (in paragraph (b)) is unable to make the claim by reason of physical or mental incapacity on behalf of the member or former member — by a person approved by the Commission; or (e) on behalf of a dependant (in paragraph (b)) who has not attained 16 years of age — by: (i) a parent or guardian of the dependant; or (ii) another person approved by the parent or guardian of the dependant; or (iii) if there is no parent or guardian 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.
2.4.1 A student may be eligible for payment of benefits under the Scheme with effect from either: (a) the date of commencement of the first formal year of primary schooling; or (b) the first payday in January of the calendar year in which the claim is made for an eligible child; or (c) the first payday after the student meets the eligibility requirements of the Scheme,
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.
Note: The “progress rules” are mentioned in section 569H of the Social Security Act 1991.
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 Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must: (a) be undertaking study within Australia; or (b) have made application, or have been accepted, to undertake study within Australia. 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 3.8.4 for a tertiary student who lives away from home. 2.6.3 Payment of an education allowance under 2.6.2 is subject to the following conditions: (a) the student must not, in the Commission’s opinion, have left Australia permanently; (b) the course of study outside Australia is part of a full‑time course the student has undertaken in Australia; and (c) the allowance is payable only for the duration of the course the student has undertaken in Australia.
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.
2.7.1 A student may receive benefits under the Scheme if the student is undertaking on a full‑time basis: (a) a course of general primary or secondary education; or (b) an approved full‑time tertiary or technical and further education course; or (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: (i) the Commission considers essential for achievement of the student’s vocational aim; and (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.
Note: paragraph 2.7.2 permits the payment of benefits to students for part‑time study in special circumstances.
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 (b) through geographical isolation, the student is unable to take advantage of full‑time study facilities; 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 Subject to paragraph 2.11.2, a student is not to be paid a benefit under the Scheme if, apart from under the Scheme, the student receives a financial benefit from the Commonwealth in the nature of educational assistance or income support. 2.11.2 A student who receives a financial benefit from the Commonwealth in the nature of educational assistance or income support (other than a benefit under the Scheme) may be paid a benefit under the Scheme if the educational assistance or income support: (a) is provided (whether directly or indirectly) by the Department or the Commission; or (b) is provided under a disqualifying accommodation scholarship ‑ except where the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship ‑ except where the benefit under the Scheme is a student start‑up scholarship payment.
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.
3.2.1 Students who are enrolled in primary education are eligible for an annual education allowance. 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. 3.2.3 Payment of the allowance will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf.
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. 3.3.2 Payment under paragraph 3.3.1 for secondary students under the age of sixteen will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.3 Payment under paragraph 3.3.1 for secondary students aged sixteen years and over will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person), who will then have the option of directing payment to the student or spouse, and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.4 Payment will be made directly to tertiary students.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (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.
(c) the student is physically or intellectually handicapped; or
(d) the student requires specialised remedial tuition; or
(e) the student is a member of an itinerant family; or
(f) the academic needs of that student are not met by local secondary facilities; or
(g) home conditions are detrimental to the student’s educational progress.
3.4.2 Payment under paragraph 3.4.1 for secondary students living away from home will be made to: (a) the person who is entitled to be paid the family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999; or (b) to the institution or person, if any, providing board to the student; or (c) if the payment methods in paragraphs (a) and (b) are inappropriate or non‑existent – a person approved by the Commission to receive the payment on behalf of the student. 3.4.3 Payment under sub‑paragraph 3.4.2 may be made either in part or in full, and: (a) may be made to an institution a term in advance; or (b) may be made to a person either a term in advance or fortnightly, as determined by the Commission. 3.4.4 A person in receipt of education allowance under sub‑paragraph 3.4.2(a) may direct payment of the allowance to the student or to a parent, guardian or trustee of the student. 3.4.5 If only part of the payment is made to the institution or person providing board, the other part shall be paid to the person described at subparagraph 3.4.2(a) or, if relevant, to the person to whom they have directed payment and if there is no person for the purposes of subparagraph 3.4.2(a), the part‑payment shall be paid to a person approved by the Commission to receive the payment on the student’s behalf.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (b) it is a compulsory requirement for the student undertaking an approved course to reside at a hall of residence; or (c) home conditions provide an inadequate study environment. 3.5.2 Allowances paid under paragraph 3.5.1 shall be payable to the student.
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: (a) is at least 15 years old; and (b) is undertaking a full time course of education; and (c) is independent. 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.
Note: see paragraph 543A(1)(b) and section 1067A of the Social Security Act 1991
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.
Note: ‘appropriate person’ is defined in paragraph 1.2.1.
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 appropriate full‑time rate of education allowances.
3.8.1 The amount of allowance for: (a) primary students is $307.90 (paid annually); (b) secondary students who are under sixteen years and living at home is $62.80 (paid fortnightly); (c) secondary students who are under sixteen years and living away from home is $521.30 (paid fortnightly); and is to be indexed annually in accordance with paragraph 3.8.3.
Note 1: The amount of education allowance for secondary students aged sixteen years and over is set under paragraph 3.8.4.
Note 2: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are the rates payable on 20 September 2023.
Note 3: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are adjusted 12‑monthly (see paragraph 3.8.3) 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 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) or (c). 3.8.4 The fortnightly education allowances payable in respect of all students aged sixteen years and over shall be increased annually to a rate equivalent to the maximum basic rate of youth allowance payable under Part 3.5 of the Social Security Act 1991.
1.2.1 In this Scheme, unless the contrary intention appears:
“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.
“Act” means the Military Rehabilitation and Compensation Act 2004.
“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 subparagraph (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).
“Commission” means the Military Rehabilitation and Compensation 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.
“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.
“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 7.1.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“COVID‑19 supplement” means the payment of that name payable under Part 3C.
“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.
“eligible child” means the person described in paragraph 2.1.1.
“extension period” means the period of any extension of the period for which the COVID‑19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.
“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
“full time”, in relation to a student undertaking a course of either:
(a) general primary; or
(b) secondary education;
means an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Note: this definition is based on subsection 541B(3) of the Social Security Act 1991.
“full‑time”, in relation to a student undertaking either:
(a) an approved full‑time tertiary or technical and further education course; or
(b) a course of tertiary study other than an approved full‑time tertiary or technical and further education course;
is worked out under the following rule: Subject to 2.7.2, a student is in full‑time study in respect of a period if, had the Commission been the Secretary under Subdivision B of Division 1 of Part 2.11 of Chapter 2 of the Social Security Act 1991, the Commission is satisfied that throughout the period the student is undertaking full‑time study such that the student satisfies the activity test that would qualify the student for the Youth Allowance.
Note (1): paragraph 2.7.2 enables the Commission to deem part‑time study to be full‑time study in certain circumstances.
Note (2): 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).
“Military Rehabilitation and Compensation Commission” means the body established under section 361 of the Military Rehabilitation and Compensation Act 2004.
“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 interval specified by the Commission under section 430 of the Act.
“relocation scholarship payment” means the payment of that name in paragraph 7.3.
“Repatriation Commission” means the body continued in existence under section 179 of the VEA.
“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, other than tertiary education, at a school.
“secondary student” means a student undertaking secondary education.
“secondary or tertiary student” means a secondary student or a tertiary student.
“Scheme” means this Scheme, as determined by the Military Rehabilitation and Compensation Commission, under section 258 of the Military Rehabilitation and Compensation Act 2004, and known as the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child in respect of whom assistance is provided under this Scheme.
“student start‑up scholarship payment” means the payment of that name in paragraph 7.2.
“tertiary education” means formal education, other than secondary education, at a college or university.
“tertiary student” means a student undertaking tertiary education.
“youth allowance” is the allowance of that name in Part 2.11 of Chapter 2 of the Social Security Act 1991.
“VEA” means the Veterans’ Entitlements Act 1986.
“Veterans’ Children Education Scheme” means the Scheme established by the Repatriation Commission under section 117 of the VEA.
In this determination:
ABSTUDY has the same meaning it has in the Social Security Act 1991.
Act means the Military Rehabilitation and Compensation Act 2004.
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 subsection 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 VCES; or
a clean energy underlying payment under the VEA.
Note: the MRCA, the VCES and the VEA contain their own definitions of “clean energy underlying payment”.
clean energy bonus has the same meaning it has in the Act.
clean energy payment means a payment under PART 3A.
clean energy qualifying payment has the same meaning it has in the Social Security Act 1991.
clean energy underlying payment or education allowance means an education allowance under one of the following paragraphs in PART 3:
paragraph 3.3 (allowance for secondary or tertiary student living at home)
paragraph 3.4 (allowance for secondary student living away from home)
paragraph 3.5 (allowance for tertiary student living away from home)
paragraph 3.6 (allowance for homeless student)
Commission means the Military Rehabilitation and Compensation Commission established by section 361 of the Act.
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 means the Military Rehabilitation and Compensation Act 2004.
MRCA wholly dependent partner payment means the compensation payable under Division 2 of Part 2 of Chapter 5 of the MRCA.
MRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the Act.
multiple entitlement exclusion has the same meaning as in subsection 424H(4) of the Act.
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 change day, in relation to a person, means the first change day for the person.
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.
quarterly energy supplement means the payment described in paragraph 3A.15.1.
service pension has the same meaning it has in subsection 5Q(1) of the VEA.
SSA means the Social Security Act 1991.
top‑up payment means the payment of that name calculated under Part 3A.
top‑up qualifying condition has the meaning given by paragraph 3A.5.2.
VCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.
VCES payment means an education allowance under the VCES.
VEA means the Veterans’ Entitlements Act 1986.
war widow(er) pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to subsection 30(1) of the VEA.
1.3.1 The Scheme is established under Part 3 of Chapter 5 of the Act and has been prepared in accordance with section 258 of the Act by the Commission and approved by the Minister.
1.4.1 The purpose of this compensatory Scheme is to, in accordance with the Scheme: (a) provide financial assistance; (b) provide special assistance; (c) provide student support services; and (d) arrange for guidance and counselling; for eligible children to help them achieve their full potential in education or career training. 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible children and their parents, guardians or trustees.
1.5.1 The Commission is responsible for the administration of the Scheme.
1.2.1 In this Scheme, unless the contrary intention appears:
“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.
“Act” means the Military Rehabilitation and Compensation Act 2004.
“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 subparagraph (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).
“Commission” means the Military Rehabilitation and Compensation 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.
“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.
“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 7.1.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“COVID‑19 supplement” means the payment of that name payable under Part 3C.
“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.
“eligible child” means the person described in paragraph 2.1.1.
“extension period” means the period of any extension of the period for which the COVID‑19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.
“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
“full time”, in relation to a student undertaking a course of either:
(a) general primary; or
(b) secondary education;
means an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Note: this definition is based on subsection 541B(3) of the Social Security Act 1991.
“full‑time”, in relation to a student undertaking either:
(a) an approved full‑time tertiary or technical and further education course; or
(b) a course of tertiary study other than an approved full‑time tertiary or technical and further education course;
is worked out under the following rule: Subject to 2.7.2, a student is in full‑time study in respect of a period if, had the Commission been the Secretary under Subdivision B of Division 1 of Part 2.11 of Chapter 2 of the Social Security Act 1991, the Commission is satisfied that throughout the period the student is undertaking full‑time study such that the student satisfies the activity test that would qualify the student for the Youth Allowance.
Note (1): paragraph 2.7.2 enables the Commission to deem part‑time study to be full‑time study in certain circumstances.
Note (2): 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).
“Military Rehabilitation and Compensation Commission” means the body established under section 361 of the Military Rehabilitation and Compensation Act 2004.
“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 interval specified by the Commission under section 430 of the Act.
“relocation scholarship payment” means the payment of that name in paragraph 7.3.
“Repatriation Commission” means the body continued in existence under section 179 of the VEA.
“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, other than tertiary education, at a school.
“secondary student” means a student undertaking secondary education.
“secondary or tertiary student” means a secondary student or a tertiary student.
“Scheme” means this Scheme, as determined by the Military Rehabilitation and Compensation Commission, under section 258 of the Military Rehabilitation and Compensation Act 2004, and known as the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child in respect of whom assistance is provided under this Scheme.
“student start‑up scholarship payment” means the payment of that name in paragraph 7.2.
“tertiary education” means formal education, other than secondary education, at a college or university.
“tertiary student” means a student undertaking tertiary education.
“youth allowance” is the allowance of that name in Part 2.11 of Chapter 2 of the Social Security Act 1991.
“VEA” means the Veterans’ Entitlements Act 1986.
“Veterans’ Children Education Scheme” means the Scheme established by the Repatriation Commission under section 117 of the VEA.
In this determination:
ABSTUDY has the same meaning it has in the Social Security Act 1991.
Act means the Military Rehabilitation and Compensation Act 2004.
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 subsection 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 VCES; or
a clean energy underlying payment under the VEA.
Note: the MRCA, the VCES and the VEA contain their own definitions of “clean energy underlying payment”.
clean energy bonus has the same meaning it has in the Act.
clean energy payment means a payment under PART 3A.
clean energy qualifying payment has the same meaning it has in the Social Security Act 1991.
clean energy underlying payment or education allowance means an education allowance under one of the following paragraphs in PART 3:
paragraph 3.3 (allowance for secondary or tertiary student living at home)
paragraph 3.4 (allowance for secondary student living away from home)
paragraph 3.5 (allowance for tertiary student living away from home)
paragraph 3.6 (allowance for homeless student)
Commission means the Military Rehabilitation and Compensation Commission established by section 361 of the Act.
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 means the Military Rehabilitation and Compensation Act 2004.
MRCA wholly dependent partner payment means the compensation payable under Division 2 of Part 2 of Chapter 5 of the MRCA.
MRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the Act.
multiple entitlement exclusion has the same meaning as in subsection 424H(4) of the Act.
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 change day, in relation to a person, means the first change day for the person.
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.
quarterly energy supplement means the payment described in paragraph 3A.15.1.
service pension has the same meaning it has in subsection 5Q(1) of the VEA.
SSA means the Social Security Act 1991.
top‑up payment means the payment of that name calculated under Part 3A.
top‑up qualifying condition has the meaning given by paragraph 3A.5.2.
VCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.
VCES payment means an education allowance under the VCES.
VEA means the Veterans’ Entitlements Act 1986.
war widow(er) pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to subsection 30(1) of the VEA.
1.3.1 The Scheme is established under Part 3 of Chapter 5 of the Act and has been prepared in accordance with section 258 of the Act by the Commission and approved by the Minister.
1.4.1 The purpose of this compensatory Scheme is to, in accordance with the Scheme: (a) provide financial assistance; (b) provide special assistance; (c) provide student support services; and (d) arrange for guidance and counselling; for eligible children to help them achieve their full potential in education or career training. 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible children and their parents, guardians or trustees.
1.5.1 The Commission is responsible for the administration of the Scheme.
2.1.1 “eligible child” is an eligible young person as defined in section 258 of the Act ‑ except that an eligible child is not an eligible young person to whom section 260 of the Act applies.
2.2.1 Except where otherwise provided, a claim for a benefit under the Scheme: (a) shall be in writing; and (b) in accordance with the form, if any, approved by the Repatriation Commission for a claim for a similar benefit under the Veterans’ Children Education Scheme; and (c) lodged at an office of the Department in Australia.
Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.2 and 7.3.
2.3.1 A claim for benefits under the Scheme may be made: (a) by a member or former member, as described in paragraph 258(1)(a) of the Military Rehabilitation and Compensation Act 2004, of whom the eligible child, in respect of whom the claim is made, is a dependant; or (b) by a dependant of the member or former member referred to in paragraph (a) – being a dependant who has attained the age of 16 years; or (c) with the approval of the member or former member (in paragraph (a)) or dependant (in paragraph (b)) — by another person on behalf of the member, former member or dependant; or (d) if the member or former member (in paragraph (a)) or dependant (in paragraph (b)) is unable to make the claim by reason of physical or mental incapacity on behalf of the member or former member — by a person approved by the Commission; or (e) on behalf of a dependant (in paragraph (b)) who has not attained 16 years of age — by: (i) a parent or guardian of the dependant; or (ii) another person approved by the parent or guardian of the dependant; or (iii) if there is no parent or guardian 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.
2.4.1 A student may be eligible for payment of benefits under the Scheme with effect from either: (a) the date of commencement of the first formal year of primary schooling; or (b) the first payday in January of the calendar year in which the claim is made for an eligible child; or (c) the first payday after the student meets the eligibility requirements of the Scheme,
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.
Note: The “progress rules” are mentioned in section 569H of the Social Security Act 1991.
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 Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must: (a) be undertaking study within Australia; or (b) have made application, or have been accepted, to undertake study within Australia. 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 3.8.4 for a tertiary student who lives away from home. 2.6.3 Payment of an education allowance under 2.6.2 is subject to the following conditions: (a) the student must not, in the Commission’s opinion, have left Australia permanently; (b) the course of study outside Australia is part of a full‑time course the student has undertaken in Australia; and (c) the allowance is payable only for the duration of the course the student has undertaken in Australia.
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.
2.7.1 A student may receive benefits under the Scheme if the student is undertaking on a full‑time basis: (a) a course of general primary or secondary education; or (b) an approved full‑time tertiary or technical and further education course; or (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: (i) the Commission considers essential for achievement of the student’s vocational aim; and (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.
Note: paragraph 2.7.2 permits the payment of benefits to students for part‑time study in special circumstances.
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 (b) through geographical isolation, the student is unable to take advantage of full‑time study facilities; 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 Subject to paragraph 2.11.2, a student is not to be paid a benefit under the Scheme if, apart from under the Scheme, the student receives a financial benefit from the Commonwealth in the nature of educational assistance or income support. 2.11.2 A student who receives a financial benefit from the Commonwealth in the nature of educational assistance or income support (other than a benefit under the Scheme) may be paid a benefit under the Scheme if the educational assistance or income support: (a) is provided (whether directly or indirectly) by the Department or the Commission; or (b) is provided under a disqualifying accommodation scholarship ‑ except where the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship ‑ except where the benefit under the Scheme is a student start‑up scholarship payment.
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.
3.2.1 Students who are enrolled in primary education are eligible for an annual education allowance. 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. 3.2.3 Payment of the allowance will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf.
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. 3.3.2 Payment under paragraph 3.3.1 for secondary students under the age of sixteen will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.3 Payment under paragraph 3.3.1 for secondary students aged sixteen years and over will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person), who will then have the option of directing payment to the student or spouse, and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.4 Payment will be made directly to tertiary students.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (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.
(c) the student is physically or intellectually handicapped; or
(d) the student requires specialised remedial tuition; or
(e) the student is a member of an itinerant family; or
(f) the academic needs of that student are not met by local secondary facilities; or
(g) home conditions are detrimental to the student’s educational progress.
3.4.2 Payment under paragraph 3.4.1 for secondary students living away from home will be made to: (a) the person who is entitled to be paid the family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999; or (b) to the institution or person, if any, providing board to the student; or (c) if the payment methods in paragraphs (a) and (b) are inappropriate or non‑existent – a person approved by the Commission to receive the payment on behalf of the student. 3.4.3 Payment under sub‑paragraph 3.4.2 may be made either in part or in full, and: (a) may be made to an institution a term in advance; or (b) may be made to a person either a term in advance or fortnightly, as determined by the Commission. 3.4.4 A person in receipt of education allowance under sub‑paragraph 3.4.2(a) may direct payment of the allowance to the student or to a parent, guardian or trustee of the student. 3.4.5 If only part of the payment is made to the institution or person providing board, the other part shall be paid to the person described at subparagraph 3.4.2(a) or, if relevant, to the person to whom they have directed payment and if there is no person for the purposes of subparagraph 3.4.2(a), the part‑payment shall be paid to a person approved by the Commission to receive the payment on the student’s behalf.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (b) it is a compulsory requirement for the student undertaking an approved course to reside at a hall of residence; or (c) home conditions provide an inadequate study environment. 3.5.2 Allowances paid under paragraph 3.5.1 shall be payable to the student.
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: (a) is at least 15 years old; and (b) is undertaking a full time course of education; and (c) is independent. 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.
Note: see paragraph 543A(1)(b) and section 1067A of the Social Security Act 1991
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.
Note: ‘appropriate person’ is defined in paragraph 1.2.1.
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 appropriate full‑time rate of education allowances.
3.8.1 The amount of allowance for: (a) primary students is $307.90 (paid annually); (b) secondary students who are under sixteen years and living at home is $62.80 (paid fortnightly); (c) secondary students who are under sixteen years and living away from home is $521.30 (paid fortnightly); and is to be indexed annually in accordance with paragraph 3.8.3.
Note 1: The amount of education allowance for secondary students aged sixteen years and over is set under paragraph 3.8.4.
Note 2: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are the rates payable on 20 September 2023.
Note 3: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are adjusted 12‑monthly (see paragraph 3.8.3) 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 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) or (c). 3.8.4 The fortnightly education allowances payable in respect of all students aged sixteen years and over shall be increased annually to a rate equivalent to the maximum basic rate of youth allowance payable under Part 3.5 of the Social Security Act 1991.
2.1.1 “eligible child” is an eligible young person as defined in section 258 of the Act ‑ except that an eligible child is not an eligible young person to whom section 260 of the Act applies.
2.2.1 Except where otherwise provided, a claim for a benefit under the Scheme: (a) shall be in writing; and (b) in accordance with the form, if any, approved by the Repatriation Commission for a claim for a similar benefit under the Veterans’ Children Education Scheme; and (c) lodged at an office of the Department in Australia.
Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.2 and 7.3.
2.3.1 A claim for benefits under the Scheme may be made: (a) by a member or former member, as described in paragraph 258(1)(a) of the Military Rehabilitation and Compensation Act 2004, of whom the eligible child, in respect of whom the claim is made, is a dependant; or (b) by a dependant of the member or former member referred to in paragraph (a) – being a dependant who has attained the age of 16 years; or (c) with the approval of the member or former member (in paragraph (a)) or dependant (in paragraph (b)) — by another person on behalf of the member, former member or dependant; or (d) if the member or former member (in paragraph (a)) or dependant (in paragraph (b)) is unable to make the claim by reason of physical or mental incapacity on behalf of the member or former member — by a person approved by the Commission; or (e) on behalf of a dependant (in paragraph (b)) who has not attained 16 years of age — by: (i) a parent or guardian of the dependant; or (ii) another person approved by the parent or guardian of the dependant; or (iii) if there is no parent or guardian 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.
2.4.1 A student may be eligible for payment of benefits under the Scheme with effect from either: (a) the date of commencement of the first formal year of primary schooling; or (b) the first payday in January of the calendar year in which the claim is made for an eligible child; or (c) the first payday after the student meets the eligibility requirements of the Scheme,
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.
Note: The “progress rules” are mentioned in section 569H of the Social Security Act 1991.
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 Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must: (a) be undertaking study within Australia; or (b) have made application, or have been accepted, to undertake study within Australia. 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 3.8.4 for a tertiary student who lives away from home. 2.6.3 Payment of an education allowance under 2.6.2 is subject to the following conditions: (a) the student must not, in the Commission’s opinion, have left Australia permanently; (b) the course of study outside Australia is part of a full‑time course the student has undertaken in Australia; and (c) the allowance is payable only for the duration of the course the student has undertaken in Australia.
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.
2.7.1 A student may receive benefits under the Scheme if the student is undertaking on a full‑time basis: (a) a course of general primary or secondary education; or (b) an approved full‑time tertiary or technical and further education course; or (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: (i) the Commission considers essential for achievement of the student’s vocational aim; and (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.
Note: paragraph 2.7.2 permits the payment of benefits to students for part‑time study in special circumstances.
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 (b) through geographical isolation, the student is unable to take advantage of full‑time study facilities; 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 Subject to paragraph 2.11.2, a student is not to be paid a benefit under the Scheme if, apart from under the Scheme, the student receives a financial benefit from the Commonwealth in the nature of educational assistance or income support. 2.11.2 A student who receives a financial benefit from the Commonwealth in the nature of educational assistance or income support (other than a benefit under the Scheme) may be paid a benefit under the Scheme if the educational assistance or income support: (a) is provided (whether directly or indirectly) by the Department or the Commission; or (b) is provided under a disqualifying accommodation scholarship ‑ except where the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship ‑ except where the benefit under the Scheme is a student start‑up scholarship payment.
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.
1.2.1 In this Scheme, unless the contrary intention appears:
“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.
“Act” means the Military Rehabilitation and Compensation Act 2004.
“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 subparagraph (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).
“Commission” means the Military Rehabilitation and Compensation 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.
“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.
“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 7.1.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“COVID‑19 supplement” means the payment of that name payable under Part 3C.
“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.
“eligible child” means the person described in paragraph 2.1.1.
“extension period” means the period of any extension of the period for which the COVID‑19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.
“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
“full time”, in relation to a student undertaking a course of either:
(a) general primary; or
(b) secondary education;
means an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Note: this definition is based on subsection 541B(3) of the Social Security Act 1991.
“full‑time”, in relation to a student undertaking either:
(a) an approved full‑time tertiary or technical and further education course; or
(b) a course of tertiary study other than an approved full‑time tertiary or technical and further education course;
is worked out under the following rule: Subject to 2.7.2, a student is in full‑time study in respect of a period if, had the Commission been the Secretary under Subdivision B of Division 1 of Part 2.11 of Chapter 2 of the Social Security Act 1991, the Commission is satisfied that throughout the period the student is undertaking full‑time study such that the student satisfies the activity test that would qualify the student for the Youth Allowance.
Note (1): paragraph 2.7.2 enables the Commission to deem part‑time study to be full‑time study in certain circumstances.
Note (2): 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).
“Military Rehabilitation and Compensation Commission” means the body established under section 361 of the Military Rehabilitation and Compensation Act 2004.
“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 interval specified by the Commission under section 430 of the Act.
“relocation scholarship payment” means the payment of that name in paragraph 7.3.
“Repatriation Commission” means the body continued in existence under section 179 of the VEA.
“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, other than tertiary education, at a school.
“secondary student” means a student undertaking secondary education.
“secondary or tertiary student” means a secondary student or a tertiary student.
“Scheme” means this Scheme, as determined by the Military Rehabilitation and Compensation Commission, under section 258 of the Military Rehabilitation and Compensation Act 2004, and known as the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child in respect of whom assistance is provided under this Scheme.
“student start‑up scholarship payment” means the payment of that name in paragraph 7.2.
“tertiary education” means formal education, other than secondary education, at a college or university.
“tertiary student” means a student undertaking tertiary education.
“youth allowance” is the allowance of that name in Part 2.11 of Chapter 2 of the Social Security Act 1991.
“VEA” means the Veterans’ Entitlements Act 1986.
“Veterans’ Children Education Scheme” means the Scheme established by the Repatriation Commission under section 117 of the VEA.
In this determination:
ABSTUDY has the same meaning it has in the Social Security Act 1991.
Act means the Military Rehabilitation and Compensation Act 2004.
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 subsection 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 VCES; or
a clean energy underlying payment under the VEA.
Note: the MRCA, the VCES and the VEA contain their own definitions of “clean energy underlying payment”.
clean energy bonus has the same meaning it has in the Act.
clean energy payment means a payment under PART 3A.
clean energy qualifying payment has the same meaning it has in the Social Security Act 1991.
clean energy underlying payment or education allowance means an education allowance under one of the following paragraphs in PART 3:
paragraph 3.3 (allowance for secondary or tertiary student living at home)
paragraph 3.4 (allowance for secondary student living away from home)
paragraph 3.5 (allowance for tertiary student living away from home)
paragraph 3.6 (allowance for homeless student)
Commission means the Military Rehabilitation and Compensation Commission established by section 361 of the Act.
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 means the Military Rehabilitation and Compensation Act 2004.
MRCA wholly dependent partner payment means the compensation payable under Division 2 of Part 2 of Chapter 5 of the MRCA.
MRCAETS means the Military Rehabilitation and Compensation Act Education and Training Scheme made under subsection 258(1) of the Act.
multiple entitlement exclusion has the same meaning as in subsection 424H(4) of the Act.
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 change day, in relation to a person, means the first change day for the person.
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.
quarterly energy supplement means the payment described in paragraph 3A.15.1.
service pension has the same meaning it has in subsection 5Q(1) of the VEA.
SSA means the Social Security Act 1991.
top‑up payment means the payment of that name calculated under Part 3A.
top‑up qualifying condition has the meaning given by paragraph 3A.5.2.
VCES means the Veterans’ Children Education Scheme made under section 117 of the VEA.
VCES payment means an education allowance under the VCES.
VEA means the Veterans’ Entitlements Act 1986.
war widow(er) pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to subsection 30(1) of the VEA.
1.3.1 The Scheme is established under Part 3 of Chapter 5 of the Act and has been prepared in accordance with section 258 of the Act by the Commission and approved by the Minister.
1.4.1 The purpose of this compensatory Scheme is to, in accordance with the Scheme: (a) provide financial assistance; (b) provide special assistance; (c) provide student support services; and (d) arrange for guidance and counselling; for eligible children to help them achieve their full potential in education or career training. 1.4.2 This purpose of the Scheme is achieved by co‑operation between the Commission, the eligible children and their parents, guardians or trustees.
1.5.1 The Commission is responsible for the administration of the Scheme.
2.1.1 “eligible child” is an eligible young person as defined in section 258 of the Act ‑ except that an eligible child is not an eligible young person to whom section 260 of the Act applies.
2.2.1 Except where otherwise provided, a claim for a benefit under the Scheme: (a) shall be in writing; and (b) in accordance with the form, if any, approved by the Repatriation Commission for a claim for a similar benefit under the Veterans’ Children Education Scheme; and (c) lodged at an office of the Department in Australia.
Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.2 and 7.3.
2.3.1 A claim for benefits under the Scheme may be made: (a) by a member or former member, as described in paragraph 258(1)(a) of the Military Rehabilitation and Compensation Act 2004, of whom the eligible child, in respect of whom the claim is made, is a dependant; or (b) by a dependant of the member or former member referred to in paragraph (a) – being a dependant who has attained the age of 16 years; or (c) with the approval of the member or former member (in paragraph (a)) or dependant (in paragraph (b)) — by another person on behalf of the member, former member or dependant; or (d) if the member or former member (in paragraph (a)) or dependant (in paragraph (b)) is unable to make the claim by reason of physical or mental incapacity on behalf of the member or former member — by a person approved by the Commission; or (e) on behalf of a dependant (in paragraph (b)) who has not attained 16 years of age — by: (i) a parent or guardian of the dependant; or (ii) another person approved by the parent or guardian of the dependant; or (iii) if there is no parent or guardian 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.
2.4.1 A student may be eligible for payment of benefits under the Scheme with effect from either: (a) the date of commencement of the first formal year of primary schooling; or (b) the first payday in January of the calendar year in which the claim is made for an eligible child; or (c) the first payday after the student meets the eligibility requirements of the Scheme,
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.
Note: The “progress rules” are mentioned in section 569H of the Social Security Act 1991.
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 Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must: (a) be undertaking study within Australia; or (b) have made application, or have been accepted, to undertake study within Australia. 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 3.8.4 for a tertiary student who lives away from home. 2.6.3 Payment of an education allowance under 2.6.2 is subject to the following conditions: (a) the student must not, in the Commission’s opinion, have left Australia permanently; (b) the course of study outside Australia is part of a full‑time course the student has undertaken in Australia; and (c) the allowance is payable only for the duration of the course the student has undertaken in Australia.
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.
2.7.1 A student may receive benefits under the Scheme if the student is undertaking on a full‑time basis: (a) a course of general primary or secondary education; or (b) an approved full‑time tertiary or technical and further education course; or (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: (i) the Commission considers essential for achievement of the student’s vocational aim; and (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.
Note: paragraph 2.7.2 permits the payment of benefits to students for part‑time study in special circumstances.
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 (b) through geographical isolation, the student is unable to take advantage of full‑time study facilities; 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 Subject to paragraph 2.11.2, a student is not to be paid a benefit under the Scheme if, apart from under the Scheme, the student receives a financial benefit from the Commonwealth in the nature of educational assistance or income support. 2.11.2 A student who receives a financial benefit from the Commonwealth in the nature of educational assistance or income support (other than a benefit under the Scheme) may be paid a benefit under the Scheme if the educational assistance or income support: (a) is provided (whether directly or indirectly) by the Department or the Commission; or (b) is provided under a disqualifying accommodation scholarship ‑ except where the benefit under the Scheme is a relocation scholarship payment; or (c) is provided under a disqualifying education costs scholarship ‑ except where the benefit under the Scheme is a student start‑up scholarship payment.
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.
3.2.1 Students who are enrolled in primary education are eligible for an annual education allowance. 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. 3.2.3 Payment of the allowance will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf.
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. 3.3.2 Payment under paragraph 3.3.1 for secondary students under the age of sixteen will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.3 Payment under paragraph 3.3.1 for secondary students aged sixteen years and over will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person), who will then have the option of directing payment to the student or spouse, and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.4 Payment will be made directly to tertiary students.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (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.
(c) the student is physically or intellectually handicapped; or
(d) the student requires specialised remedial tuition; or
(e) the student is a member of an itinerant family; or
(f) the academic needs of that student are not met by local secondary facilities; or
(g) home conditions are detrimental to the student’s educational progress.
3.4.2 Payment under paragraph 3.4.1 for secondary students living away from home will be made to: (a) the person who is entitled to be paid the family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999; or (b) to the institution or person, if any, providing board to the student; or (c) if the payment methods in paragraphs (a) and (b) are inappropriate or non‑existent – a person approved by the Commission to receive the payment on behalf of the student. 3.4.3 Payment under sub‑paragraph 3.4.2 may be made either in part or in full, and: (a) may be made to an institution a term in advance; or (b) may be made to a person either a term in advance or fortnightly, as determined by the Commission. 3.4.4 A person in receipt of education allowance under sub‑paragraph 3.4.2(a) may direct payment of the allowance to the student or to a parent, guardian or trustee of the student. 3.4.5 If only part of the payment is made to the institution or person providing board, the other part shall be paid to the person described at subparagraph 3.4.2(a) or, if relevant, to the person to whom they have directed payment and if there is no person for the purposes of subparagraph 3.4.2(a), the part‑payment shall be paid to a person approved by the Commission to receive the payment on the student’s behalf.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (b) it is a compulsory requirement for the student undertaking an approved course to reside at a hall of residence; or (c) home conditions provide an inadequate study environment. 3.5.2 Allowances paid under paragraph 3.5.1 shall be payable to the student.
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: (a) is at least 15 years old; and (b) is undertaking a full time course of education; and (c) is independent. 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.
Note: see paragraph 543A(1)(b) and section 1067A of the Social Security Act 1991
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.
Note: ‘appropriate person’ is defined in paragraph 1.2.1.
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 appropriate full‑time rate of education allowances.
3.8.1 The amount of allowance for: (a) primary students is $307.90 (paid annually); (b) secondary students who are under sixteen years and living at home is $62.80 (paid fortnightly); (c) secondary students who are under sixteen years and living away from home is $521.30 (paid fortnightly); and is to be indexed annually in accordance with paragraph 3.8.3.
Note 1: The amount of education allowance for secondary students aged sixteen years and over is set under paragraph 3.8.4.
Note 2: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are the rates payable on 20 September 2023.
Note 3: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are adjusted 12‑monthly (see paragraph 3.8.3) 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 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) or (c). 3.8.4 The fortnightly education allowances payable in respect of all students aged sixteen years and over shall be increased annually to a rate equivalent to the maximum basic rate of youth allowance 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.
3.2.1 Students who are enrolled in primary education are eligible for an annual education allowance. 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. 3.2.3 Payment of the allowance will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf.
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. 3.3.2 Payment under paragraph 3.3.1 for secondary students under the age of sixteen will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.3 Payment under paragraph 3.3.1 for secondary students aged sixteen years and over will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person), who will then have the option of directing payment to the student or spouse, and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student’s behalf. 3.3.4 Payment will be made directly to tertiary students.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (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.
(c) the student is physically or intellectually handicapped; or
(d) the student requires specialised remedial tuition; or
(e) the student is a member of an itinerant family; or
(f) the academic needs of that student are not met by local secondary facilities; or
(g) home conditions are detrimental to the student’s educational progress.
3.4.2 Payment under paragraph 3.4.1 for secondary students living away from home will be made to: (a) the person who is entitled to be paid the family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999; or (b) to the institution or person, if any, providing board to the student; or (c) if the payment methods in paragraphs (a) and (b) are inappropriate or non‑existent – a person approved by the Commission to receive the payment on behalf of the student. 3.4.3 Payment under sub‑paragraph 3.4.2 may be made either in part or in full, and: (a) may be made to an institution a term in advance; or (b) may be made to a person either a term in advance or fortnightly, as determined by the Commission. 3.4.4 A person in receipt of education allowance under sub‑paragraph 3.4.2(a) may direct payment of the allowance to the student or to a parent, guardian or trustee of the student. 3.4.5 If only part of the payment is made to the institution or person providing board, the other part shall be paid to the person described at subparagraph 3.4.2(a) or, if relevant, to the person to whom they have directed payment and if there is no person for the purposes of subparagraph 3.4.2(a), the part‑payment shall be paid to a person approved by the Commission to receive the payment on the student’s behalf.
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 (a) educational facilities are not readily accessible from the student’s place of residence; or (b) it is a compulsory requirement for the student undertaking an approved course to reside at a hall of residence; or (c) home conditions provide an inadequate study environment. 3.5.2 Allowances paid under paragraph 3.5.1 shall be payable to the student.
3.6.1 The Commission may grant an education allowance called the “homeless student education allowance” to an Eligible child if the child: (a) is at least 15 years old; and (b) is undertaking a full time course of education; and (c) is independent. 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.
Note: see paragraph 543A(1)(b) and section 1067A of the Social Security Act 1991
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.
Note: ‘appropriate person’ is defined in paragraph 1.2.1.
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 appropriate full‑time rate of education allowances.
3.8.1 The amount of allowance for: (a) primary students is $307.90 (paid annually); (b) secondary students who are under sixteen years and living at home is $62.80 (paid fortnightly); (c) secondary students who are under sixteen years and living away from home is $521.30 (paid fortnightly); and is to be indexed annually in accordance with paragraph 3.8.3.
Note 1: The amount of education allowance for secondary students aged sixteen years and over is set under paragraph 3.8.4.
Note 2: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are the rates payable on 20 September 2023.
Note 3: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are adjusted 12‑monthly (see paragraph 3.8.3) 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 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) or (c). 3.8.4 The fortnightly education allowances payable in respect of all students aged sixteen years and over shall be increased annually to a rate equivalent to the maximum basic rate of youth allowance payable under Part 3.5 of the Social Security Act 1991.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
(1) 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:51.16%; 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:48.84%; 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:51.16%; 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:48.84%; 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:51.16%; 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</span><span style="font-size:10pt"> </span><span style="font-size:10pt">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:48.84%; 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:51.16%; 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</span><span style="font-size:10pt"> </span><span style="font-size:10pt">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:48.84%; 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</span><span style="font-size:10pt"> </span><span style="font-size:10pt">January 2014</span></p></td></tr></tbody></table>
(a) A person eligible for an education allowance or other benefit under the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) 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 granted under 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 Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) (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 Military Rehabilitation and Compensation Commission (Commission) under the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) (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.
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 Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4) (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:
“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.
“Act” means the Military Rehabilitation and Compensation Act 2004.
“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 subparagraph (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).
“Commission” means the Military Rehabilitation and Compensation 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.
“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.
“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 7.1.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“COVID‑19 supplement” means the payment of that name payable under Part 3C.
“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.
“eligible child” means the person described in paragraph 2.1.1.
“extension period” means the period of any extension of the period for which the COVID‑19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.
“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
“full time”, in relation to a student undertaking a course of either:
(a) general primary; or
(b) secondary education;
means an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Note: this definition is based on subsection 541B(3) of the Social Security Act 1991.
“full‑time”, in relation to a student undertaking either:
(a) an approved full‑time tertiary or technical and further education course; or
(b) a course of tertiary study other than an approved full‑time tertiary or technical and further education course;
is worked out under the following rule: Subject to 2.7.2, a student is in full‑time study in respect of a period if, had the Commission been the Secretary under Subdivision B of Division 1 of Part 2.11 of Chapter 2 of the Social Security Act 1991, the Commission is satisfied that throughout the period the student is undertaking full‑time study such that the student satisfies the activity test that would qualify the student for the Youth Allowance.
Note (1): paragraph 2.7.2 enables the Commission to deem part‑time study to be full‑time study in certain circumstances.
Note (2): 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).
“Military Rehabilitation and Compensation Commission” means the body established under section 361 of the Military Rehabilitation and Compensation Act 2004.
“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 interval specified by the Commission under section 430 of the Act.
“relocation scholarship payment” means the payment of that name in paragraph 7.3.
“Repatriation Commission” means the body continued in existence under section 179 of the VEA.
“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, other than tertiary education, at a school.
“secondary student” means a student undertaking secondary education.
“secondary or tertiary student” means a secondary student or a tertiary student.
“Scheme” means this Scheme, as determined by the Military Rehabilitation and Compensation Commission, under section 258 of the Military Rehabilitation and Compensation Act 2004, and known as the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child in respect of whom assistance is provided under this Scheme.
“student start‑up scholarship payment” means the payment of that name in paragraph 7.2.
“tertiary education” means formal education, other than secondary education, at a college or university.
“tertiary student” means a student undertaking tertiary education.
“youth allowance” is the allowance of that name in Part 2.11 of Chapter 2 of the Social Security Act 1991.
“VEA” means the Veterans’ Entitlements Act 1986.
“Veterans’ Children Education Scheme” means the Scheme established by the Repatriation Commission under section 117 of the VEA.
In this determination:
ABSTUDY has the same meaning it has in the Social Security Act 1991.
Act means the Military Rehabilitation and Compensation Act 2004.
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 subsection 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 VCES; or
a clean energy underlying payment under the VEA.
Note: the MRCA, the VCES and the VEA contain their own definitions of “clean energy underlying payment”.
clean energy bonus has the same meaning it has in the Act.
clean energy payment means a payment under PART 3A.
clean energy qualifying payment has the same meaning it has in the Social Security Act 1991.
clean energy underlying payment
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