Australian Government

Federal Register of Legislation

Veterans' Children Education Scheme

No longer in force

Administered by

Department of Veterans' Affairs

This item is authorised by the following title:

Veterans' Entitlements Act 1986

Superseded version

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F2010C00306

01 April 2010 - 31 December 2011

Table of contents

PART 1 — Introduction
PART 2 — Eligibility Conditions
PART 3 — Education Allowances
PART 4 — Guidance, Counselling and Country Visits
PART 5 — Other Assistance
PART 6 — Veterans’ Children Education Boards
PART 7 — Bequests and Trusts
- 7.1 Determination of use of funds
- 7.2 Scholarships
7.4 Student Start-up Scholarship Payment Claim not required 7.4.1 A claim is not required for a student start-up scholarship payment. Grant of scholarship 7.4.2 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 7.4.3 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 7.4.4 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 Military Rehabilitation and Compensation Act 2004 known as the Military Rehabilitation and Compensation Act Education and Training Scheme (in force from time to time); 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 7.4.5 For 7.4.4, 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. 7.4.6 For 7.4.5, 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 7.4.7 The amount of a student start-up scholarship payment is $650 for 2010 and $1064 for 2011 and for each subsequent Calendar year or, for any Calendar year, 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. Note: The Acts Interpretation Act 1901 defines Calendar year (s.22) 7.5 Relocation Scholarship Payment Claim not required 7.5.1 A claim is not required for a relocation scholarship payment. Grant of scholarship 7.5.2 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 7.5.3 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 allowance; homeless allowance or double orphan 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 in (a) 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 7.5.4 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 under the Scheme; 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 (in force from time to time); or (d) the person has qualified for a payment known as a “relocation scholarship payment” under the scheme made under the Military Rehabilitation and Compensation Act 2004 known as the Military Rehabilitation and Compensation Act Education and Training Scheme (in force from time to time); 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 7.5.5 For 7.5.4, 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. 7.5.6 For 7.5.5, 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 7.5.7 Subject to 7.5.8 and 7.5.9, the amount of a relocation scholarship payment 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. Previously undertaken approved scholarship course and homeless or required to live away from home 7.5.8 The amount of a relocation scholarship payment to a person is $1,000 or the amount equal to the amount, including as indexed, under subsection 592L(2) of the Social Security Act 1991 (in force from time to time), whichever is higher, if: (a) in the Calendar year before the Calendar year in which the person’s qualification time falls, the person undertook 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) either of the following applied to the person at a time that was more than 6 months before the person’s qualification time: (i) the person received a homeless student education allowance under the Scheme; (ii) the person 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 a double orphan allowance for a tertiary student. Subsequent Payment 7.5.9 The amount of a relocation scholarship payment is $1,000 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 the person has received any of the following before the period in 7.5.4: (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 Military Rehabilitation and Compensation Act 2004 known as the Military Rehabilitation and Compensation Act Education and Training Scheme; (e) the amount or value of a Commonwealth Accommodation Scholarship. Debts in respect of scholarship payments Person does not start to undertake course 7.5.10 (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) the person does not start to undertake the 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 paragraph does not apply if, in the Commission’s opinion, the person does not start to undertake the course because of exceptional circumstances beyond the person’s control. Person not continuing to undertake 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; and (b) the person starts to undertake the course; and (c) the person is not undertaking the course at the end of 35 days after the 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 receives 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 the 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 receives the payment. (4) Subparagraphs (2) and (3) do not apply if, in the Commission’s opinion, the person is not undertaking the course as mentioned in those subparagraphs because of exceptional circumstances beyond the person’s control. PART 8 — Determination of Assistance
- 8.1 Determinations
- 8.2 Review of decisions
PART 9 -TRANSITIONAL ARRANGEMENTS 9.1 Continuation of Boards, members, legal cover 9.1.1 Despite any variation to the Scheme made by this Instrument: a Board in existence immediately before the commencement of this Instrument continues in existence after the commencement of this instrument under the Scheme as varied by this Instrument; and (b) a person who is a member immediately before the commencement of this Instrument continues to be a member, after the commencement of this instrument, under the Scheme as varied by this Instrument, for the period for which the person was appointed as a member that has not expired. (c) a member who, immediately before the commencement of this Instrument, incurred a liability in the performance of his or her duties as a member (whether or not the member was aware of the liability), being a liability that, on the the commencement of this Instrument still existed, is taken to have incurred that liability under the Scheme as varied by this Instrument. 9.2 Need for Member’s consent to MRCA duties 9.2.1 A Board comprised of members who were members immediately before the commencement of the MRCA Childrens’ Scheme in 2004 is not taken to have the function of acting as a MRCA Childrens’ Board (function) unless such members have each notified in writing (which notice may be in electronic form) the Secretary of the Board that they consent to being a member of the Board with that function. 9.2.2 The Secretary is to forward notifications of consent received under paragraph 9.2.1 to the Commission. 9.2.3 Paragraph 9.2.1 does not apply to a Board comprised of members re-appointed on or after the commencement of the MRCA Childrens’ Scheme.