Commonwealth legislation

Veterans' Entitlements Regulations (Amendment)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

50 of 1988

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does: This regulation allows the government to recover money owed by veterans (or their families) who have been accidentally overpaid benefits by deducting the debt from their educational allowances.

Who it affects: Veterans and dependants who receive payments through specific Commonwealth educational assistance schemes while owing money to the Department of Veterans' Affairs.

The specific schemes: The rule lists 7 educational programs where overpayments can now be recovered:

AUSTUDY (student income support)
Aboriginal Study Assistance Scheme (ABSTUDY)
Aboriginal Secondary Assistance Scheme
Post-graduate Awards Scheme
Assistance for Isolated Children Scheme
Adult Migrant Education Program Living Allowance
Maintenance Allowance for Refugees

Why it matters: It ensures educational assistance payments can be garnished (legally withheld) to repay veterans' debts, just like other government benefits, preventing people from receiving duplicate or excessive support across different government programs.

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Current sections

Direct links to the current provisions in Veterans' Entitlements Regulations (Amendment).

Veterans' Entitlements Regulations (Amendment)

Commonwealth Coat of Arms of Australia

Statutory Rules 1988 No. 501

——————

Veterans' Entitlements Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Veterans' Entitlements Act 1986.

Dated 31 March 1988.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

BEN HUMPHREYS

Minister of State for Veterans' Affairs

–––––––––––

Commencement

These Regulations commence at the commencement of the Student Assistance Legislation Amendment Act 1988.
After regulation 16 of the Veterans' Entitlements Regulations the following regulation is inserted:

Recovery of overpayments—prescribed educational schemes

"17. For the purposes of paragraph 205 (1) (aa) of the Act, the following educational schemes are prescribed:

(a) the AUSTUDY scheme;

(b) the Aboriginal Study Assistance Scheme;

(d) the Post-graduate Awards Scheme;

(e) the Assistance for Isolated Children Scheme;

(f) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance;

(g) the scheme to provide an allowance known as the Maintenance Allowance for Refugees.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 April 1988.

2. Statutory Rules 1986 No. 97 as amended by 1986 No. 202; 1987 Nos. 122 and 178.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Veterans' Entitlements Regulations (Amendment)