1 Name
This instrument is the Veterans’ Children Education Schemes Amendment (Increase in Education Allowance) Determination 2023.
2 Commencement
This instrument commences on 20 September 2023.
3 Authority
(1) This instrument is made under sections 117 of the Veterans’ Entitlement Act 1986 (VEA) and 258 of the Military Rehabilitation and Compensation Act 2004 (MRCA).
(2) The variations set out in the instruments in Schedules 1 and 2 to this instrument are approved by the Minister under subsections 117(9) of the VEA and 258(5) of the MRCA, respectively.
Note 1: If so approved, the variations to the determination to education schemes under section 117 of the VEA made by the Repatriation Commission is a legislative instrument made by the Minister on the day it is approved.
Note 2: If so approved, the variations to the determination to education schemes under section 258 of the MRCA made by the Military Rehabilitation and Compensation Commission is a legislative instrument made by the Minister on the day it is approved
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Veterans’ Children Education Scheme
1 Paragraph 1.2.1, definition of responsible departments, Note
Repeal the Note, substitute:
Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).
2 Paragraph 2.4.1, Note
Repeal the Note, substitute:
Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).
3 Sub-paragraph 2.6.2(b)
Omit “3.8.4”, substitute “3.8.3”.
4..Paragraph 3.8.
Repeal the paragraph, substitute:
3.8.1 The amount of allowance for:
(a) primary students is $307.90 (paid annually);
(b) secondary students who are under sixteen years and living at home is $62.80 (paid fortnightly);
(c) secondary students who are under sixteen years and living away from home is $521.30 (paid fortnightly);
(d) secondary students who are under sixteen years and who are also double orphans is $377.20 (paid fortnightly);
and is to be indexed annually in accordance with paragraph 3.8.2.
Note 1: The amount of education allowance for secondary students aged sixteen years and over and living away from home, secondary students aged sixteen years and over and who are also double orphans, and tertiary students, including tertiary students living away from home, is set under paragraph 3.8.3.
Note 2: The education allowances payable under sub-paragraphs 3.8.1(a), (b), (c) and (d) are the rates payable on 20 September 2023.
Note 3 The education allowances payable under sub-paragraphs 3.8.1(a), (b), (c) and (d) are adjusted 12‑monthly (see paragraph 3.8.2) every 1 January.
3.8.2 The allowances specified in paragraph 3.8.1 are to be indexed annually in accordance with the procedure set out in section 1191(1)(table item 3A) of the Social Security Act 1991 for the indexation of benefits under that Act except that the reference to ‘YA MBR’ in column 2 of 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), (c) or (d).
3.8.3 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.
Schedule 2—Amendments
Military Rehabilitation and Compensation Act Education and Training Scheme 2004
1 Paragraph 1.2.1, definition of responsible departments, Note
Repeal the Note, substitute:
Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).
2 Paragraph 2.4.1, Note
Repeal the Note, substitute:
Note: The Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).
3 Paragraph 3.8.1
Repeal the paragraph, including Notes, and substitute
3.8.1 The amount of allowance for:
(a) primary students is $307.90 (paid annually);
(b) secondary students who are under sixteen years and living at home is $62.80 (paid fortnightly);
(c) secondary students who are under sixteen years and living away from home is $521.30 (paid fortnightly);
and is to be indexed annually in accordance with paragraph 3.8.3.
Note 1: The amount of education allowance for secondary students aged sixteen years and over is set under paragraph 3.8.4.
Note 2: The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are the rates payable on 20 September 2023.
Note 3 The education allowances payable under sub-paragraphs 3.8.1(a), (b), and (c) are adjusted 12‑monthly (see paragraph 3.8.3) every 1 January.