Federal Register of Legislation - Australian Government

Primary content

Schemes as made
This instrument sets out education allowances and related benefits that may be provided to eligible children of members (including former members) of the Defence Force.
Administered by: Veterans' Affairs
Made 12 Aug 2015
Registered 17 Aug 2015
Tabled HR 18 Aug 2015
Tabled Senate 18 Aug 2015
Table of contents.

Military Rehabilitation and Compensation Act Education and Training Scheme 2004

 
Military Rehabilitation and Compensation Act 2004

Instrument 2015 No. MRCC 43

 

I, Michael Ronaldson, Minister for Veterans’ Affairs, approve, pursuant to section 258(5) of the Military Rehabilitation and Compensation Act 2004, this instrument made by the Military Rehabilitation and Compensation Commission.

Dated this      12            day of         August                      2015

Michael Ronaldson  ..................................................................

Michael Ronaldson

 

The Military Rehabilitation and Compensation Commission:

 

(a) pursuant to section 258(4) of the Military Rehabilitation and Compensation Act 2004 (the Act), revokes the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4 as amended); and

 

(b) pursuant to section 258(1) of the Act, hereby determines a scheme to provide education and training for an eligible young person under the Act.

Dated this        2nd         day of              July                      2015

 

 

 

The Seal of the                                 )

Military Rehabilitation                     )

and Compensation Commission     )  SEAL

was affixed hereto in the                  )

presence of:                                      )

 

Simon Lewis                                  Major General Craig Orme                               Major General Mark Kelly

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

SIMON LEWIS                     MAJOR GENERAL CRAIG ORME            Major General Mark Kelly

                                                                      AM CSC                                                              AO DSC

     CHAIR                                                  MEMBER                                                           MEMBER

 

Rear Admiral Robyn Walker                                                                             Air Vice-Marshall Anthony Needham

………………………………….....................................................................................................................................................

REAR ADMIRAL ROBYN WALKER    MS JENNIFER TAYLOR    Air Vice-Marshal Anthony Needham

           AM RN

          MEMBER                                             MEMBER                                                    MEMBER

 

 

1    Name of instrument

This instrument is the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.

2    Commencement

(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.

 

Commencement information

Column 1

Column 2

Provision(s)

Commencement

Item 1 - Any provision in this Instrument not elsewhere covered by this table.

Day after registration

Item 2 - Paragraphs 2.6.2 and 2.6.3

1 January 2014

 

3     Saving and Transitional Provisions

(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.

 

(b) A MRCA Education and Training Board, established under the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4), and in existence immediately before the commencement of this instrument, continues in existence under this instrument as if it had been established under this instrument (continued Education Board); and a member, and the Secretary, of a continued Education Board are taken to have been appointed to the continued Education Board in accordance with this instrument for, in the case of a member, the unexpired period of the person’s appointment.

Note (1): the intention is to enable a seamless transition of Education Boards, and members of those Boards, from the former Scheme to the current one.

Note (2): a Secretary of a MRCA Education and Training Board is an employee of the Department.

(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.

 

 

4     Application

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.


 

 

Contents

 

PART 1 — Introduction............................................................ 7

1.1  Commencement.............................................................................

1.2  Interpretation................................................................................ 7

1.2.2 Clean energy definitions.......................................................7

1.3  Authority for the Scheme.......................................................... 15

1.4  Purpose of the Scheme.............................................................. 15

1.5  Administration of the Scheme................................................. 16

PART 2 — Eligibility Conditions........................................... 16

2.1  Eligible child................................................................................ 16

2.2  Claim for benefits...................................................................... 16

2.3  Who may claim.......................................................................... 16

2.4  Commencement of assistance under the Scheme............... 17

2.5  Cessation of assistance under the Scheme........................... 18

2.6  Place of Study............................................................................ 19

2.7  Course coverage......................................................................... 20

2.10  Absences from study for primary and secondary students 21

2.11  Effect of other assistance on eligibility................................ 22

2.12  Allowances mutually exclusive............................................. 22

PART 3 — Education Allowances......................................... 22

3.1  Purpose of education allowances........................................... 22

3.2  Allowances for Primary education......................................... 23

3.3  Allowances for Secondary and Tertiary students living at home  23

3.4  Living away from home allowance for secondary students 24

3.5  Living away from home allowance for Tertiary students.. 25

3.6  Homeless student education allowance................................ 26

3.7  Part-time students...................................................................... 26

3.8  Indexing and increasing education allowances.................... 26

PART 3A — Clean Energy Payments....................................23

Division 1 - Clean energy advance.......................................23

Limits on eligibility for multiple advances................................24

Amount of clean energy advance ..............................................25

Clean energy advance daily rate.................................................25

Number of advance days............................................................26

Top-up payments of clean energy advance................................26

Method of working out top-up payment....................................28

Top-up payment for first change of circumstances....................28

Top-up payment for subsequent change of circumstances.........30

Payment of clean energy advance...............................................30

Debts relating to clean energy advances.....................................31

Creation and amount of debt .....................................................32

Relationship with sections of Act .............................................32

Multiple entitlement exclusion - clean energy advance.............32

Division 2 - Energy Supplement and Quarterly

Energy Supplement.........................................33

Energy supplement .................................................................33

Energy supplement payable ......................................................33

Rate of energy supplement ........................................................34

Multiple entitlement exclusion - energy supplement..................34

Quarterly payment of energy supplement .................................36

Rate of quarterly energy supplement ........................................36

Payment of quarterly energy supplement..................................36

Indexation of energy supplement .............................................37

Division 3 - Adjustments relating to clean energy

underlying payments.........................................37

Special rules for indexation of clean energy underlying

payments on or after 1 January 2014.........................................38

PART 4 — Guidance, Counselling and Country Visits....... 38

PART 5 — Other Assistance.................................................. 45

5.1 Fares allowance...................................................................... 3945

5.2 Additional Tuition....................................................................... 40

5.3 Special Assistance.................................................................. 4046

5.4 Rates for Additional Tuition and Special Assistance........... 40

5.5 Rent assistance............................................................................ 46

PART 6 — Military Rehabilitation and Compensation Act Education and Training Boards 4147

6.1 Establishment......................................................................... 4147

6.2 Membership................................................................................. 47

6.3 Appointment............................................................................. 482

6.4 Termination of appointment.................................................. 448

6.5 Functions of Boards.............................................................. 4348

6.6 Exercise of functions by a sub-committee........................ 4349

6.7 Chairperson.................................................................................. 43

6.8 Meetings....................................................................................... 44

6.9 Statistical Return......................................................................... 44

PART 7 — Scholarships......................................................... 44

PART 8 — Determination of Assistance.............................. 55

8.1 Determinations............................................................................ 55

8.2 Review of decisions............................................................... 5661

PART 9 — Revocation and Application................................ 57

9.1 Revocation................................................................................... 57

9.2 Application................................................................................... 57

PART 10. Transitional Arrangements................................... 57

10.1       Consent of Members. 57Error! Bookmark not defined.

PART 11 — Terms of members............................................. 58

PART 12 — Board Secretary................................................. 58

 

 

 



PART 1 — Introduction

1.2  Interpretation

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).

“Board” means a Board established under PART 6 - being a Veterans’ Children Education Board in existence, under PART 6 of the Veterans’ Children Education Scheme, at the time this Determination commences.

“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.

“Department” means the Department of Veterans’ Affairs.

“eligible child” means the person described in paragraph 2.1.1.

“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.

 

“member” means a member of a Board.

“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. See: http://www.comlaw.gov.au/Browse/ByTitle/AdministrativeArrangementsOrders/Current

 

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.

 

“Secretary” means the employee of the Department appointed to the position of Secretary to a Veterans’ Children Education Board.

“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.

 

“sub-committee” means a sub-committee of a Board.

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 Board” means a Veterans’ Children Education Board established under Part 6 of the Veterans’ Children Education Scheme

“Veterans’ Children Education Scheme” means the Scheme established by the Repatriation Commission under section 117 of the VEA.

1.2.2     Clean Energy Definitions

 

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.

disability pension means a pension under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA.

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  Authority for the Scheme

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  Purpose of the Scheme

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  Administration of the Scheme

1.5.1    The Commission, assisted by a Board in each State, is responsible for the administration of the Scheme.

PART 2 — Eligibility Conditions

2.1  Eligible child

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  Claim for benefits

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  Who may claim

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 fomer 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  Commencement of assistance under the Scheme

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.  See:

http://www.comlaw.gov.au/Browse/ByTitle/AdministrativeArrangementsOrders/Current

 

 

 

2.5  Cessation of assistance under the Scheme

2.5.1    If a Board is of the opinion that a primary or secondary student’s progress is not satisfactory it shall refer the matter to the Commission.

2.5.2    Where a matter has been referred to the Commission under paragraph 2.5.1, it may determine that the student cease to receive benefits under the Scheme.

2.5.3        Subject to paragraph 2.5.5 below, where a Board 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 shall refer the matter to the Commission.

Note: the “progress rules” are mentioned in section 569H of the Social Security Act 1991.

2.5.4        Where a matter has been referred to the Commission under 2.5.3, if the Commission is of the opinion that the student 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.

2.5.5        Where the Board is of the opinion that a tertiary student 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), the Board may approve continuing benefits under the Scheme.

Note: the “progress rules” are mentioned in section 569H of the Social Security Act 1991.

2.5.6    Benefits withdrawn under paragraphs 2.5.2 and 2.5.4 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.

2.6  Place of Study

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  Course coverage

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  Absences from study for primary and secondary students

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 Board 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 Board is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, the case may be referred to the Commission and 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  Effect of other assistance on eligibility

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 Commonwealth Accommodation Scholarship - except where the benefit under the Scheme is a relocation scholarship payment; or

(c) is provided under a Commonwealth Education Costs Scholarship - except where the benefit under the Scheme is a student start-up scholarship payment.

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.

PART 3 — Education Allowances

3.1  Purpose of education allowances

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  Allowances for Primary 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  Allowances for Secondary and Tertiary students living at home

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  Living away from home allowance for secondary 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  Living away from home allowance for Tertiary students

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  Homeless student education allowance

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  Part-time students

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  Amount of education allowances & Indexing

3.8.1  The amount of allowance for:

(a) primary students is $242.50 (paid annually);

(b) secondary students who are under sixteen years and living at home is $49.80 (paid fortnightly);

(c) secondary students who are under sixteen years and living away from home is $338.03 (paid fortnightly);

and is to be indexed annually in accordance with paragraph 3.8.2.

Note: education allowance for tertiary students, including tertiary students living away from home, is set under 3.8.4.

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.

PART 3A CLEAN ENERGY PAYMENTS

Division 1 - Clean energy advance

 

Eligibility for days 14 May 2012 to 30 June 2012

 

3A.1.1  The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 14 May 2012 and ending on 30 June 2012:

 

(a) the person receives a clean energy underlying payment; and

(b) the person’s rate of payment is greater than nil; and

(c) the person is in Australia.

 

Eligibility for days 1 July 2012 to 30 June 2013

 

3A.1.2  The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:

 

(a) the person receives a clean energy underlying payment; and

(b) the person’s rate of payment is greater than nil; and

(c) the person is in Australia. 

 

Eligibility for days 1 July 2013 to 31 December 2013

 

3A.1.3  The Commission may determine that a person is eligible for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:

 

(a) the person receives a clean energy underlying payment; and

(b) the person’s rate of payment is greater than nil; and

(c) the person is in Australia.

 

First day of eligibility under paragraph 3A.1.2 or 3A.1.3

 

3A.1.4  A determination under paragraph 3A.1.2 or 3A.1.3 must specify the first day during the period set out in that paragraph for which the person:

 

(a) satisfies paragraphs (a) and (b) of that paragraph; and

(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks.

 

Limits on eligibility for multiple advances

 

3A.1.5  A person is eligible for, at most, two clean energy advances under paragraphs 3A.1.1, 3A.1.2 and 3A.1.3:

 

(a) one under either paragraph 3A.1.1 or 3A.1.2; and

(b) one under paragraph 3A.1.3.

 

3A.1.6  A person’s eligibility for a clean energy advance is subject to paragraph 3A.10.1 (multiple entitlement exclusion).

 

Note: Top-up payments of clean energy advance may be payable under paragraph 3A.5.1 if the person’s circumstances change during the person’s clean energy advance period.

 

3A.1.7  A claim is not required for a clean energy advance.

Amount of a clean energy advance

3A.2.1  On the day (the decision day) that the Commission determines that a person is eligible for a clean energy advance for a clean energy underlying payment, the Commission must work out the amount of the advance.

Note: The advance will be paid in a lump sum as soon as is reasonably practicable: see paragraph 3A.6.1.

3A.2.2  The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:

where:

clean energy advance daily rate is worked out under paragraph 3A.3.1.

number of advance days is worked out under paragraph 3A.4.1.

Clean energy advance daily rate

 

3A.3.1  The clean energy advance daily rate for a person’s clean energy underlying payment is worked out by:

 

(a) working out 1.7% of the rate for the clean energy underlying payment, worked out:

 

(i) for the first day of the person’s clean energy advance period; and

(ii) for someone in circumstances the same as the person’s on the clean energy advance eligibility day; and

 

(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

 

(c) adding 20 cents to the result of paragraph (b); and

 

(d) dividing the result of paragraph (c) by 14.

Number of advance days

 

3A.4.1  The person’s number of advance days is the number of days in the person’s clean energy advance period that are on or after:

 

(a) if the person is eligible for the clean energy advance before 1 July 2012 —1 July 2012; or

(b) otherwise—the advance eligibility day.

Top‑up payments of clean energy advance

3A.5.1  If:

(a)          the Commonwealth pays a clean energy advance (the original payment) to a person; and

(b)          the person’s circumstances change on a day (the change day) and the person satisfies any top‑up qualifying condition in relation to that change of circumstances as set out in paragraph 3A.5.2; and

(c)          either

(i)     the change of circumstances means that a higher clean energy advance daily rate would be used to calculate the original payment if the person’s clean energy advance eligibility day were the change day; or

(ii)   except for the provisions of a multiple entitlement exclusion the person would be eligible for a clean energy bonus under the Act, another Act or a Commonwealth scheme;

the person is eligible for a top-up payment calculated in accordance with paragraph 3A.5.4 – 3A.5.7.

3A.5.2  For the purposes of paragraph 3A.5.1 a person satisfies a top‑up qualifying condition if:

(a)     the person was paid an original payment and as a result of the change in circumstances the person receives an education allowance at a higher rate in relation to the change day and the change of circumstances occurs before 1 January 2014; or

(b)     the person was paid an original payment and as a result of the change in circumstances the person no longer receives an education allowance but receives, before 20 March 2013:

(i) service pension; or

(ii) war widow(er) pension; or

(iii) a payment listed in subsection 914(4) of the Social Security Act 1991; or

(iv) MRCA wholly dependent partner payment; or

(c)     the person was paid an original payment and as a result of the change in circumstances the person no longer receives an education allowance but receives, before 1 January 2014:

(i)    a payment listed in subsection 914A(5) of the Social Security Act 1991; or

(ii)  a VCES payment; or

(iii) ABSTUDY.

3A.5.3  Despite any other provision of the MRCAETS if a person received an original payment under 3A.1.3 of the MRCAETS and as a result of a change in circumstances the person starts to receive one of the payments listed in subsection 914(4) of the Social Security Act 1991, war widow(er) pension or service pension under the VEA or a MRCA wholly dependent partner payment, in relation to the change day, the person will not be eligible for a top-up payment

Method of working out the top-up payment for a person

3A.5.4  If the person has not previously been eligible for a top-up payment in relation to that clean energy advance period, the amount of top-up payment is to be calculated in accordance with the Method Statement 1 at the end of paragraph 3A.5.5.

Top-up payment for first change of circumstances

3A.5.5  For the purposes of paragraph 3A.5.4 the top‑up payment is to be worked out as follows:

Method Statement 1

 

Step 1: Multiply the original clean energy advance daily rate by the number of days from the original payment start day until the day before the change day.

 

Step 2: Multiply the new clean energy advance daily rate by the number of days remaining in the new clean energy advance period from the change day.

 

Step 3: Work out the sum of the amounts in steps 1 and 2.

 

Step 4: Round the result from Step 3 up to the nearest $10.

 

Step 5: Deduct the original payment from the result of Step 4.  If the result is greater than zero the result becomes the top‑up payment that is payable to the person. 

 

 

 

 


          Top-up payment for subsequent change of circumstances

3A.5.6  If a person has previously been paid a top-up payment calculated in accordance with paragraph 3A.5.4 and the person has a further change in circumstances any additional top-up payment is to be calculated in accordance with paragraph 3A.5.7.

3A.5.7  For the purposes of paragraph 3A.5.6, the method for calculating any further top‑up payment is as follows:

Method Statement 2

 

Step 1: Multiply the original clean energy advance daily rate by the number of days from the original payment start day until the day before the first change day.

 

Step 2: Calculate the number of days from the first change day until the day before the second change day and multiply by the second clean energy advance daily rate.  Repeat this step as needed for subsequent changes, excluding the most recent change day, multiplying the number of days between change days by the clean energy advance daily rate that applies as a result of the particular change in circumstances.

 

Step 3: Calculate the number of days from the most recent change day until the end of the new clean energy advance period and multiply by the most recent clean energy advance daily rate. 

 

Step 4: Add up the amounts obtained in Steps 1, 2 and 3.

 

Step 5: Round the result from Step 4 up to the nearest $10.

 

Step 6: Calculate the sum of the original payment and any previous top-up payments paid to the person under this Part. 

 

Step 7: Deduct the result of Step 6 from result of step 5.  If the result is greater than zero this becomes the top‑up payment that is payable to the person.

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Payment of clean energy advance

3A.6.1  An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid.

3A.6.2  However, the clean energy advance is not payable if the Commission is aware that the person has died.

 

Debts relating to clean energy advances

 

3A.7.1  This paragraph applies if:

 

(a)   a person has been paid a clean energy advance for a clean energy underlying payment; and

 

(b)   after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:

 

(i) the determination is changed, revoked or set aside;

(ii) the determination is superseded by another determination; and

 

(c)   the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and

 

(d)   had the event happened on or before the day the advance was paid:

 

(i) the advance would not have been paid; or

(ii) the advance would have been reduced.

 

Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance include:

 

(a)           a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and

 

(b)           the determination of the person’s eligibility for the clean energy advance.

 

Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).

 

Creation and amount of debt

 

3A.8.1  The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.

 

3A.8.2  The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.

 

Relationship with sections of Act

 

3A.9.1  The provisions of the Act under which debts arise do not apply in relation to clean energy advances to which paragraph 3A.7.1 applies.

 

Multiple entitlement exclusion – Clean Energy Advance

3A.10.1  Despite any provision of the MRCAETS a person is not eligible for a clean energy advance under the MRCAETS:

(1) if the person has previously been paid, or is eligible or qualified for, a clean energy advance under:

(a) ABSTUDY; or

(b) the MRCA, in relation to a MRCA wholly dependent partner payment; or

(c) the Social Security Act 1991; or

(d) the VCES (in relation to the same period); or

(e) the VEA, except for a clean energy advance in relation to disability pension; or

(2) if the person has previously been paid a clean energy advance under the MRCAETS (in relation to the same period).

3A.10.2  A person to whom paragraph 3A.10.1 applies may still be eligible for a top‑up payment.

 

Division 2 Energy supplement and Quarterly energy supplement

 

Energy supplement

 

3A.11.1  This paragraph applies to a person for a day if:

 

(a) the person receives for the day a clean energy underlying payment; and

(b) the person’s rate of the payment is greater than nil; and

(c) the person is residing in Australia on the day; and

(d) on the day the person either:

(i) is in Australia; or

(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

 

Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.

 

Energy supplement payable

 

3A.12.1  Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement for the person’s clean energy underlying payment.

 

Note 1: The supplement is a payment separate from the clean energy underlying payment.

Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s entitlement to the energy supplement.

 

Rate of energy supplement

 

3A.13.1  The rate of energy supplement for a clean energy underlying payment is, subject to 3A.18.1, the rate worked out by:

 

(a) working out 1.7% of the clean energy underlying payment on 1 January 2014; and

(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).

 

3A.13.2  An energy supplement is to be added to the rate of clean energy underlying payment of a person mentioned in paragraph 3A.11.1.

 

3A.13.3  Paragraph 3A.13.2 does not apply if quarterly energy supplement is payable to a person to whom paragraph 3A.12.1 applies.

Multiple entitlement exclusion – Energy Supplement

 

3A.14.1  Despite any provision of the MRCAETS, a person is not eligible to have an energy supplement for an education allowance used to calculate the person’s rate of education allowance on a day if the person is also in receipt of a payment:

(a) under the VEA – being a war widow(er) pension; or

(b) under the MRCA – being a MRCA wholly dependent partner payment;

where the pension or payment under the VEA or MRCA respectively, includes a component of energy supplement covering the same instalment period for the person’s education allowance.

 


Quarterly payment of energy supplement

 

3A.15.1  A quarterly energy supplement is payable to a person for each day for which an election by the person under paragraph 3A.15.2 is in force in relation to a clean energy underlying payment the person is receiving.

 

Note: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person’s eligibility for quarterly energy supplement.

 

3A.15.2  If paragraph 3A.12.1 applies to a person, the person may, in a manner or way approved by the Commission, make an election to receive the person’s energy supplement as a quarterly payment.

 

3A.15.3  An election ceases to be in force if the person ceases to receive a clean energy underlying payment.

 

3A.15.4  The person may, in a manner or way approved by the Commission, revoke an election. A revocation takes effect as soon as practicable after it happens.

 

Rate of quarterly energy supplement

 

3A.16.1  A person’s daily rate of quarterly energy supplement, for a particular day, is 1/14 of the amount that, apart from paragraph 3A.15.1, would be the person’s energy supplement for that day.

 

Payment of quarterly energy supplement

 

3A.17.1  A quarterly energy supplement is to be paid by instalments.

 

3A.17.2  An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day) that follows a day for which quarterly energy supplement is payable to the person.

 

3A.17.3  The amount of the instalment is worked out by:

 

(a) working out the amount of the person’s quarterly energy supplement for each day during the test period for which quarterly energy supplement is payable to the person; and

(b) adding up the amounts resulting from paragraph (a).

 

3A.17.4  In paragraphs 3A.17.2 and 3A.17.3:

 

supplement test day means:

 

(a) 20 March; or

(b) 20 June; or

(c) 20 September; or

(d) 20 December.

 

test period means the period:

 

(a) starting on the most recent supplement test day before the current test day; and

(b) ending on the day immediately before the current test day.

 

3A.17.5  A claim is not required for quarterly energy supplement.

                                                                                              

Division 3 Adjustments relating to clean energy underlying payments

 

Special rules for indexation of clean energy underlying payments on or after 1 January 2014

 

3A.19.1  The rate of a clean energy underlying payment is to be adjusted in accordance with section 1206GG of the SSA as if, under section 1206GG, YA MBR is the rate for the clean energy underlying payment.

 

3A.19.2  In applying section 1206GG of the SSA, sections 1191-1194 of the SSA are also to be applied as if the amount YA MBR in item 3A of the CPI Indexation Table in section 1191 is a clean energy underlying payment.

 

3A.19.3  In applying section 1206GG of the SSA:

 

YA MBR means the rate for the clean energy underlying payment.

indexation factor means the factor worked out under section 1193 of the SSA.

indexation day means the indexation day(s) in item 3A of the CPI Indexation Table in section 1191 of the SSA.

 

PART 3B – INCOME SUPPORT BONUS

 

3B.1.1  Eligibility for Income Support Bonus

 

3B.1.2  A person is eligible for an income support bonus on an income support bonus test day if:

 

(a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 of the Scheme; or

(b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph 3.4, 3.5, 3.6 of the Scheme; or

(c) the person has attained the age of 16 years and the person's eligibility for an education allowance under paragraph  3.3, 3.4, 3.5, 3.6 of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time; or

(d) the person has not attained the age of 16 years and the person's eligibility for an education allowance under paragraph  3.4, 3.5, 3.6 of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.

 

Note: paragraphs (c ) and (d) cover the situation where an education allowance is backdated.

 

3B.2    One income support bonus only in respect of an income support bonus test day

3B.2.1 A person cannot receive more than one payment of an income support bonus in respect of an income support bonus test day regardless of how many times the person is eligible for the bonus on that day.

3B.3    Amount of income support bonus

3B.3.1 The amount of a person’s income support bonus is the amount of $105 on an income support bonus test day.

Note 1:       The amount specified is indexed twice a year in line with CPI increases (see paragraphs 3B.4 and 3B.5

3B.4    Income Support Bonus to be indexed or adjusted

3B.4.1 The income support bonus is to be indexed or adjusted as if it is the payment described as “income support bonus” in item 71 of the table in section 1190 of the Social Security Act 1991.

3B.5    CPI indexation of income support bonus

3B.5.1 The income support bonus is indexed as if it is the payment described as income support bonus in item 43 of the table in subsection 1191(1) of the Social Security Act 1991.

3B.5.2  If an income support bonus is to be indexed on an indexation day, as if it was the payment described as income support bonus under the Social Security Act 1991, this Scheme has effect as if the indexed amount were substituted for the income support bonus on that day.

3B.5.3 The indexed amount of the income support bonus is to be worked out under section 1192 of the Social Security Act 1991 as if it was the payment described as income support bonus under the Social Security Act 1991.

3B.6    No claim necessary

3B.6.1 A claim is not required for an income support bonus.

3B.7    Payment of income support bonus

       3B.7.1  If a person is eligible for an income support bonus on an income support bonus test day, the Commission must direct that the bonus be paid for the person in a single lump sum:

                     (a)  on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the bonus to be paid; and

                     (b)  in such manner as the Commission considers appropriate.

 

3B.7.2 Payment of the income support bonus for a person who is eligible for the bonus (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable except that if the education allowance is payable to an institution or to a person providing board to the eligible person, the income support bonus  is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.

 

Note: the person receiving the bonus for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.

 

 

 


 

3B.8   Debts arising in respect of income support bonus

3B.8.1      If:

                     (a)  a person is paid an income support bonus; and

                     (b)  after the bonus is paid, a determination under the Scheme in relation to the person, at least so far as it relates to the income support bonus test day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

                     (c)  the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and

                     (e)  had the event happened on or before the day the bonus was paid, the bonus would not have been paid;

the amount of the bonus is a debt due to the Commonwealth by the person.

                         

3B.8.2 The other provisions of the Act under which debts arise do not apply in relation to an income support bonus.

 

PART 4 — Guidance, Counselling and Country Visits

4.1.1    The Commission may arrange for a student to be given, or directed to, guidance and counselling for matters affecting that student’s continuing progress in a course of study.

4.1.2    Guidance and counselling of beneficiaries of the Scheme and their families shall be:

(a)        in the case of a student under 18 years of age —  at the request of:

(i)         the student; or

(ii)        the student’s parent, guardian or trustee; or

(iii)       the principal of the school, college or institution at which the student is enrolled;

(b)        in any other case, at the request of the student; or

(c)        in all cases at the discretion of the Commission.

4.1.3    Where a significant proportion of the State’s beneficiaries live outside the capital city, country visits should be made to ensure that as far as possible these beneficiaries have contact with the Scheme.

PART 5 — Other Assistance

5.1 Fares allowance

5.1.1    Where the Commission has approved payment to a student of an education allowance under paragraph 3.5.1, it may accept financial liability for a fare (or part thereof) paid, or to be paid, by the student for a journey between the student’s home and place of study.

            Note: a fare may be the cost of using private transport.

5.1.2   In making a decision under paragraph 5.1.1 in respect of whether to accept liability for a fare, the Commission is to take into account Part 2.26 of the Social Security Act 1991 as it relates to the circumstances in which fares allowance under that Act is payable and as it relates to the level of fares allowance payable in those circumstances.

Note: under Part 2.26 of the Social Security Act 1991 (SSA) a determination may be made amending levels of fares allowance in the Act (Henry VIII clause).  The SSA as amended by any such determination would constitute the SSA “in force from time to time” (see definition of SSA) and therefore the Commission could lawfully consider those new levels of fares allowance as introduced by the determination.

 

5.2 Additional Tuition

5.2.1    Where an education authority has established that a discrepancy exists between the student’s intellectual potential and the student’s actual academic achievement, the Board or the Commission may arrange for provision of Additional Tuition in respect of that student.

5.2.2    The Commission may approve payment for Additional Tuition arranged under paragraph 5.2.1.

5.2.3    Request for Additional Tuition must be accompanied by an appropriate assessment, from a suitably qualified education authority, as to the value of the proposed tuition or the continuing need for such assistance.

5.3 Special Assistance

5.3.1    Where a Board or the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student’s progress:

            (a) the Board may recommend payment of Special Assistance in respect of that student ; or

            (b) the Commission may approve payment of Special Assistance in respect of that student.

5.3.2    The Commission may approve payment of Special Assistance recommended by the Board under paragraph 5.3.1.

5.4 Rates for Additional Tuition and Special Assistance

5.4.1    The Commission shall determine from time to time the maximum value of Additional Tuition and Special Assistance which may be provided to a student in any year.

5.5 Rent assistance

5.5.1    Subject to paragraph 5.5.2, a student who has been granted a Homeless Student Education Allowance or an education allowance at a ‘living away from home’ rate is entitled to the payment of rent assistance.

5.5.2    Rent assistance payable under the Scheme, whether to a student in or outside Australia, is only payable in the same circumstances that rent assistance would have been payable to the student under the Social Security Act 1991 if the student had not been a student receiving benefits under the Scheme but had been a person receiving youth allowance under that Act.

                Note 1 – as at 1 April 2003, rent assistance must, among other things, be only for premises in Australia and the maximum period that rent assistance is payable, while a student is outside Australia, is 26 weeks.

Note 2 – in order to receive rent assistance for premises in Australia, while studying outside Australia, a student must also satisfy paragraph 2.6.

                Note 3 – if the rent assistance provisions of the Social Security Act 1991 are amended then those amended provisions apply to rent assistance under the Scheme (see the definition of Social Security Act 1991 in paragraph 1.2.).

PART 6 — Military Rehabilitation and Compensation Act Education and Training Boards

 

Note: in this Part “Commission” means the Military Rehabilitation and Compensation Commission and “Repatriation Commission” means the body continued in existence under section 179 of the VEA.

6.1 Establishment

6.1.1    Each Veterans’ Children Education Board, established in the capital city of each State under the Veterans’ Children Education Scheme, is established as a Board for the purposes of this Scheme, and each Board is called the MRCA Education and Training Board.

6.2 Membership

6.2.1    The membership of a Board in a State is to consist of the same members as constitute the Veterans’ Children Education Board in that State.

6.2.2     Members of Boards shall serve in an honorary capacity but the Commission may reimburse them for expenses incurred in connection with the Scheme during their term of appointment.

6.2.3    A member of a Board who incurs a legal liability in the performance of his or her duties as a member of the Board is in the same legal position as an employee of the Department.

6.3 Appointment

6.3.1         Subject to paragraph 6.3.2, a member of a Veterans’ Children Education Board in a State, as referred to in paragraph 6.2.1, is taken to be appointed to the Board in that State established by this Scheme when he or she is appointed to the Veterans’ Children Education Board in that State by the Repatriation Commission and he or she shall be a member of the Board established by this Scheme in that State for the same period (including any period of re-appointment) that he or she is a member of the Veterans’ Children Education Board in that State.

6.3.2         A member of a Veterans’ Children Education Board in a State is only taken to be a member of a Board in that State established by this Scheme if the member has notified the Commission in writing (which notice may be in electronic form) of his or her acceptance of the membership of that Board.

6.4 Termination of appointment

6.4.1      If a member of a Veterans’ Children Education Board in a State ceases to be a member of that Board then the person also ceases to be a member of the Board in that State established by this Scheme on the same day and at the same time on that day that he or she ceased to be a member of the Veterans’ Children Education Board

6.5 Functions of Boards

6.5.1    A Board may perform such functions in connection with the operation of the Scheme as are conferred on them under the Scheme.

6.5.2    The functions referred to in paragraph 6.5.1 include:

(a)        providing and arranging expert guidance to assist students in the planning of their studies;

(b)        assisting in supervising the education of primary and secondary students and in monitoring their progress;

(c)        referring students and their families to community welfare, education, guidance and counselling services where appropriate;

(d)       making recommendations to the Commission on matters relating to the education of the students; and

(e)        dealing with all matters in connection with students’ education or career training that are referred to them by the Commission.

6.6 Exercise of functions by a sub-committee

6.6.1    A sub-committee of a Board may consist of one or more members and may exercise such functions as the Board determines.

6.7 Chairperson

6.7.1    At the first meeting in each calendar year the members of each Board shall elect one of their members to be the Chairperson and another to be the Deputy Chairperson, of the relevant Board.

6.8 Meetings

6.8.1    Boards shall meet at least four times in each calendar year.

6.8.2    In the absence of the Chairperson from any meeting of a Board, the Deputy Chairperson shall preside, and in the absence of the Deputy Chairperson, the members present at the meeting shall elect one of their members to preside at the meeting.

6.8.3    Three members of a Board shall form a quorum.

6.9 Statistical Return

6.9.1    As soon as practicable after 30 June each year each Board shall submit a statistical return for inclusion in the Commission’s annual report.  A Board in a State may combine its statistical return (return) with a return of the Veterans’ Children Education Board in that State.

PART 7 — Scholarships

7.1.1    A Board may create scholarships from trust funds to be administered at the direction of the Commission 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 Commonwealth 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 Commonwealth 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 592H 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 Commonwealth 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 Commonwealth 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 or of a Board, 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.