Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (2 July 2015)
PART 8Determination of Assistance
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7.1.1 The Commission may create scholarships from trust funds and may determine the duration and value of such scholarships.
7.1.2 A person must be an eligible child who is or has been an eligible student assisted under the Scheme in order to qualify for the grant of a scholarship.
7.1.3 A scholarship under paragraph 7.1.1 of this Scheme may be awarded in a course not otherwise approved for the purpose of this Scheme.
7.2. Student Start‑up Scholarship Payment
Claim not required
7.2.1 A claim is not required for a student start‑up scholarship payment.
Grant of scholarship
7.2.2 The Commission may grant a student start‑up scholarship payment to an eligible child who is qualified for one.
Circumstances in which Person is Qualified for Student Start‑up Scholarship Payment
7.2.3 An eligible child is qualified for a student start‑up scholarship payment if at a time (the qualification time):
(a) the person is eligible for an education allowance for a tertiary student under the Scheme, the allowance is payable to the person and the person is receiving it; and
(b) the person is receiving the education allowance because the person is undertaking an approved scholarship course; and
(c) the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and
(d) the Commission is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after the qualification time.
Circumstances in which Person is Not Qualified for Student Start‑up Scholarship Payment
7.2.4 A person is not qualified for a student start‑up scholarship payment if one or more of the following circumstances apply to the person in the period of 6 months (or shorter period determined by the Commission) ending immediately before the person’s qualification time:
(a) the person has qualified for a student start‑up scholarship payment under the Scheme; or
(b) the person has qualified for a payment under the ABSTUDY Scheme known as an “ABSTUDY student start‑up scholarship payment”; or
(c) the person has qualified for a payment known as a “student start‑up scholarship payment ” under Part 2.11B of the Social Security Act 1991 (in force from time to time); or
(d) the person has qualified for a payment known as a “student start‑up scholarship payment” under the scheme made under the Veterans’ Entitlements Act 1986 known as the Veterans’ Children Education Scheme; or
(e) the person has received the amount or value of a disqualifying education costs scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.
Commission may determine period less than 6 months
7.2.5 For 7.2.4, the Commission may determine a period in relation to a person that is at least 2 months but less than 6 months if the Commission considers that the determination would enable the person to qualify for a student start‑up scholarship payment on or near the day on which the approved scholarship course concerned started or starts.
7.2.6 For 7.2.5, the Commission must not make a determination if the effect of the determination would be to enable the person to receive more than 2 student start‑up scholarship payments in a Calendar year.
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
Amount of student start‑up scholarship payment
7.2.7 The amount of a student start‑up scholarship payment for which a person is qualified on or after 1 January 2012 is $1,025 or the amount equal to the amount, including as indexed, under section 1061ZVBD of the Social Security Act 1991 (in force from time to time), whichever is higher.
7.3 Relocation Scholarship Payment
Claim not required
7.3.1 A claim is not required for a relocation scholarship payment.
Grant of scholarship
7.3.2 The Commission may grant a relocation scholarship payment to an eligible child who is qualified for one.
Circumstances in which Person is Qualified for Relocation Scholarship Payment
7.3.3 An eligible child is qualified for a relocation scholarship payment if at a time (the qualification time):
(a) the person is eligible for an education allowance (living away from home) or homeless allowance, for a tertiary student under the Scheme, the allowance is payable to the person and the person is receiving it; and
(b) the person is receiving the education allowance (living away from home) or homeless allowance because the person is undertaking an approved scholarship course; and
(c) the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and
(d) the Commission is satisfied that the person is not likely to receive the amount or value of a disqualifying accommodation scholarship in the period of 12 months starting immediately after the qualification time.
Circumstances in which Person is Not Qualified for a Relocation Scholarship Payment
7.3.4 A person is not qualified for a relocation scholarship payment if one or more of the following circumstances apply to the person in the period of 12 months (or shorter period determined by the Commission) ending immediately before the person’s qualification time:
(a) the person has qualified for a relocation scholarship payment; or
(b) the person has qualified for a payment under the ABSTUDY Scheme known as an “ABSTUDY relocation scholarship payment”; or
(c) the person has qualified for a payment known as a “relocation scholarship payment” under Part 2.11B of the Social Security Act 1991; or
(d) the person has qualified for a payment known as a “relocation scholarship payment” under the scheme made under the Veterans’ Entitlements Act 1986 known as the Veterans’ Children Education Scheme; or
(e) the person has received the amount or value of a disqualifying accommodation scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.
Commission may determine period less than 12 months
7.3.5 For 7.3.4, the Commission may determine a period in relation to a person that is at least 3 months but less than 12 months if the Commission considers that the determination would enable the person to qualify for a relocation scholarship payment on or near 1 January in a year.
7.3.6 For 7.3.5, the Commission must not make a determination if the effect of the determination would be to enable the person to receive more than 2 relocation scholarship payments in a period of 2 successive Calendar years.
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
Amount of relocation scholarship payment
7.3.7
(1) The amount of a relocation scholarship payment to a person is $4,000 (or the amount equal to the amount, including as indexed, under subsection 592L(1) of the Social Security Act 1991 (in force from time to time), whichever is higher) if the person has not received a student relocation payment (see subparagraph (5)) before.
(2) Subsection (1) does not apply if:
(a) the person has, at any time before the Calendar year containing the qualification time, undertaken full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
(b) at a time that was both while the person was undertaking that study and more than 6 months before the qualification time, the person either:
(i) was in receipt of a homeless student education allowance under the Scheme; or
(ii) did not receive a homeless student education allowance under the Scheme but received, under the Scheme, a living away from home allowance for a tertiary student.
(3) The amount of a relocation scholarship payment to a person is $1000 (or the amount equal to the amount, including as indexed, under subsection 592L(3) of the Social Security Act 1991 (in force from time to time), whichever is higher) if neither subsection (1) nor subsection (4) applies.
(4) The amount of a relocation scholarship payment to a person is $2,000 (or the amount equal to the amount, including as indexed, under subsection 592L(4) of the Social Security Act 1991 (in force from time to time), whichever is higher) if:
(a) in 1 or more Calendar years (the prior years) that precede the Calendar year containing the qualification time, the person undertook full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
(b) in 1 or 2 (but no more) of the prior years:
(i) the person was, while undertaking such study, in receipt of a homeless student education allowance under the Scheme; or
(ii) the person, while undertaking such study, did not receive a homeless student education allowance under the Scheme but received, under the Scheme, a living away from home allowance for a tertiary student; or
(iii) the person received a student relocation payment (see subparagraph (5)).
(5) A student relocation payment means any of the following:
(a) a relocation scholarship payment;
(b) a payment under the ABSTUDY Scheme known as an “ABSTUDY relocation scholarship payment”;
(c) a payment known as a relocation scholarship payment under Part 2.11B of the Social Security Act 1991;
(d) a payment known as a “relocation scholarship payment” under the scheme made under the Veterans’ Entitlements Act 1986 known as the Veterans’ Children Education Scheme;
(e) the amount or value of a Commonwealth Accommodation Scholarship.
Debts in respect of scholarship payments
Person does not start to undertake course
7.3.8
(1) If a person:
(a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and
(b) does not start to undertake full‑time study in an approved scholarship course;
then:
(c) the amount of the payment is a debt due to the Commonwealth; and
(d) the debt is taken to have arisen when the person receives the payment.
However, this subparagraph does not apply if, in the Commission’s opinion, the person does not start to undertake full‑time study in an approved scholarship course because of exceptional circumstances beyond the person’s control.
Person not continuing to undertake a course
(2) If a person:
(a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course (the qualifying course); and
(b) starts to undertake an approved scholarship course; and
(c) is not undertaking full‑time study in an approved scholarship course at the end of 35 days after the qualifying course commences;
then:
(d) the amount of the payment is a debt due to the Commonwealth; and
(e) the debt is taken to have arisen when the person received the payment.
(3) If a person:
(a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is undertaking an approved scholarship course; and
(b) is not undertaking full‑time study in an approved scholarship course at the end of 35 days after qualifying for the payment;
then:
(c) the amount of the payment is a debt due to the Commonwealth; and
(d) the debt is taken to have arisen when the person received the payment.
(4) Subparagraphs (2) and (3) do not apply if, in the Commission’s opinion, the person is not undertaking full‑time study in an approved scholarship course because of exceptional circumstances beyond the person’s control.
PART 8—Determination of Assistance
8.1 Determinations
8.1.1 The Commission may, under the Scheme, determine:
(a) eligibility;
(b) levels of benefits; and
(c) claims for benefits.
8.1.2 The Commission may delegate any of its powers under the Scheme to an employee of the Department.
8.2 Review of decisions
8.2.1 Where an application for benefit has been declined, reasons for that decision shall be provided, in writing, to the applicant.
8.2.2 Where a student or a student’s parent, guardian or trustee is dissatisfied with a decision of the Commission, that student, parent, guardian or trustee may make an application to the Commission for a review of the decision (applicant).
8.2.3 The application for review must be made within 3 months of the student, parent, guardian or trustee receiving a copy of that decision.
8.2.4 The Commission must, within 3 months after receipt of the application or within such longer period as is agreed in writing by the applicant, review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its power under this paragraph (not being the person who made the decision).
8.2.5 On the completion of its review of a decision, the Commission shall:
(a) if it is satisfied that the decision is unsatisfactory, set aside the decision and substitute for that decision such decision as the Commission considers to be appropriate; or
(b) if it is not so satisfied, affirm the decision.
8.2.6 The Commission must make a written record of the decision it makes after reviewing a decision. The record must include a statement that:
(a) sets out the Commission’s findings on relevant questions of fact; and
(b) refers to the evidence or other material on which those findings are based; and
(c) provides reasons for the Commission’s decision.
8.2.7 As soon as practicable after the Commission reviews a decision, it must give to the applicant a copy of the written record it made under paragraph 8.2.6 and the copy may be in electronic form.
8.2.8 Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for a review of a decision of the Commission under paragraph 8.2.5.