Federal Register of Legislation - Australian Government

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No. 7 of 1998 Schemes as made
Makes miscellaneous amendments to the Veterans' Children Education Scheme. In particular, replaces defunct references to allowances under the AUSTUDY Scheme with references to the Youth Allowance payment under the Social Security Act 1991.
Administered by: Veterans' Affairs
General Comments: The Instrument varying the Veterans' Children Education Scheme under subsection 117(2) of the Veterans' Entitlements Act 1986 (No. 7 of 1998) was approved by the Minister for Veterans' Affairs on 30 June 1998: see Supporting Material.
Registered 19 Apr 2005
Tabling HistoryDate
Tabled HR01-Jul-1998
Tabled Senate01-Jul-1998
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

INSTRUMENT Nº7  of 1998

 

 

 

REPATRIATION COMMISSION

 

Instrument varying the Veterans’ Children Education Scheme under subsection 117(2) of the
Veterans’ Entitlements Act 1986

 

 

 

1. The Repatriation Commission by and in accordance with this instrument varies the Veterans’ Children Education Scheme (Instrument No.11 of 1992 prepared by the Repatriation Commission on 23 November 1992 (as varied)) under subsection 117(2) of the Veterans’ Entitlements Act 1986.

 

 

 

        Dated            26 June                                     1998

 

 

 

 

 

 

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.................................

 

.................................

NEIL JOHNSTON
PRESIDENT

KEITH LYON
DEPUTY PRESIDENT

PAUL STEVENS

COMMISSIONER

 

 

 

 

Commencement

 

 

2. (a) The variations made by this instrument commence on 1 July 1998.

 

(b) Upon the commencement of the variations referred to in paragraph 34 (Rent Assistance) of this instrument, the variations in respect of the “Homeless Student Education Allowance” and the education allowance at the “double orphan” rate, shall be taken to have commenced on 1 January 1995.

 

 

Variations relating to the Veterans’ Children Education Scheme

 

 

3. In the definition of “Board” in paragraph 1.2.1, replace “mean” with “means”.

 

 

4. Insert the following definition in paragraph 1.2.1 immediately after “Act”:

 

 

         “ ‘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 sub-paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.”.

 

 

 

 

5. Insert the following definition in paragraph 1.2.1 immediately before “Board”:

 

         “ ‘approved’ or ‘not otherwise approved’ means, in relation to a course of education described in paragraphs 3.5.1 or 7.2.3, the acceptance or non acceptance, respectively, under Part 2.11 of the Social Security Act 1991, of the course as necessary to qualify any student undertaking it for a youth allowance.”.

 

 

6. Insert the following definition in paragraph 1.2.1 immediately before “member”:

 

 

      “ ‘double orphan’ means:

 

(a) an eligible child who does not have a parent; or

(b) an eligible child who has one parent and:

 

(i)  the deceased parent was a member or veteran by reference to whom the child is an ‘eligible child’; and

(ii) the Commission is satisfied the child is not being maintained by the surviving parent.

 

         For the purposes of this definition ‘parent’ includes an adoptive parent or step-parent, ‘member’ means a member of the Forces or a member of a Peacekeeping Force and ‘veteran’ means a veteran described in the definition of ‘eligible child of a veteran’ in section116 of the Act.”.

 

 

7. Insert the following definition in paragraph 1.2.1 immediately after ‘Scheme’:

 

 

         “ Social Security Act 1991’ means the Social Security Act 1991 as in force from time to time.”.

 

 

8. Replace sub-sub paragraph 2.3.1 (e) (iii) with:

 

 

“(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.”.

 

 

9.   Replace the words “the Departments of Social Security and Employment, Education and Training” in paragraph 2.4.1 with:

 

 

“Centrelink and the Department of Employment, Education, Training and Youth Affairs”.

 

 

10. Replace the words “ failed to meet the AUSTUDY progress regulations as in force on 1 January 1993” in paragraph 2.5.3 with:

 

 

“failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students”.

 

 

11. Replace the words “failed to meet the AUSTUDY progress regulations” in paragraph 2.5.4 with:

 

 

“failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students”.

 

 

12. Replace the words “failed to meet AUSTUDY progress rules” in paragraph 2.5.5 with:

 

 

“failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students”.

 

 

13. Insert immediately after the words “ the student is undertaking”, in paragraph 2.7.1:

 

 

“on a full-time basis”.

 

 

 

 

 

 

14. Delete sub-paragraph 2.7.1(b), and replace with:

 

         “ (b) a tertiary course of education or study that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991; or ”.

 

 

15. Delete from sub-paragraph 2.7.1 (c) the words “not approved for the payment of AUSTUDY”, and substitute:

 

 

         “that would not qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991”.

 

 

16. Delete sub-sub-paragraph 2.7.1 (c) (ii) and substitute:

 

 

         “(ii) no other tertiary course 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.”.

 

 

17. Delete paragraphs 2.8 and 2.8.1.

 

 

18. Delete from paragraph 2.8.2 the reference to “2.8.2”, and substitute “2.7.2”.

 

 

19. Insert immediately after paragraph 2.11.1:

 

 

    “ 2.12  Allowances mutually exclusive

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.”.

 

 

20. Delete all the words in paragraph 3.4.1 appearing before sub-paragraph 3.4.1(a) and substitute:

 

 

“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”.

 

 

21. Delete sub-paragraph 3.4.2 (b) and substitute:

 

 

“(b) to the institution or person, if any, providing board to the student.”.

 

 

22. Delete paragraph 3.4.3, and substitute:

 

 

         “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.”.

 

 

23. Delete the heading “Homeless Student Allowance” in paragraph 3.6, and substitute:

 

 

Homeless student education allowance”.

 

 

 

 

 

24. Replace paragraph 3.6.2 with:

 

 

 

    “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.”.

 

 

25. Insert the following paragraphs immediately after paragraph 3.6.2:

 

 

3.6A Double orphan education allowance

 

 

3.6A.1 A student who is a double orphan and who is also a secondary or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training.

 

3.6A.2 Fortnightly payment of the allowance under paragraph 3.6A.1 is to be made:

 

(a) for secondary students under 16 years of age — to the person who

is paid pension on behalf of the student;

(b) for secondary students 16 years of age or over — to an appropriate

person who will have the option of directing payment to the student;

(c) for tertiary students — to the student.

 

Note: ‘appropriate person’ is defined in paragraph 1.2.1.”.

 

 

26. Replace the reference to “paragraph 2.8.2”, in paragraph 3.7.1 with:

 

 

          “paragraph 2.7.2”.

 

 

27. Replace the heading “Rates of education allowances” in paragraph 3.8 with:

 

 

         Indexing and increasing education allowances”.

 

 

28. Replace the words “1 January 1994” in paragraph 3.8.1 with:

 

 

          “1 January 1999”.

 

 

29. Replace the words “by reference to the Consumer Price Index” in paragraph 3.8.1 with:

 

 

         “in accordance with paragraph 3.8.2”.

 

 

30. Replace paragraph 3.8.2 with:

 

 

“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) or (b). ”.

 

 

31. Replace the words “boarding away from home” in paragraph 3.8.3 with:

 

 

“living away from home”.

 

 

 

 

32. Replace paragraph 3.8.4 with:

 

 

“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.”.

 

 

33. Replace the words “the AUSTUDY regulations as in force on 1 January 1993” in paragraph 5.1.1 with:

 

 

“any instrument in force from time to time made under Part 2.26 (Fares Allowance) of the Social Security Act 1991.

 

 

 

34. Insert the following paragraphs immediately after paragraph 5.4.1:

 

 

5.5 Rent Assistance

 

“5.5.1 A student who has been granted a Homeless Student Education Allowance or an education allowance at a ‘living away from home’ rate or ‘double orphan’ rate is entitled to the payment of rent assistance.”.

 

 

35. Delete the word determinations” in paragraph 8.2, and substitute “decisions”.

 

 

36. Pre-Variation allowances

 

The variations to the Scheme made by this Instrument apply to all students in receipt of a benefit under the Scheme immediately before 1 July 1998 and apply to any decision under the Scheme made on or after 1 July 1998 whether or not any application or proceedings relating to that decision commenced before, on or after that date.