Veterans’ Children Education Scheme

1.2.1 In this Scheme, unless the contrary intention appears:

“Act” means the Veterans’ Entitlements Act 1986.

“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.

“appropriate person”, in relation to a student means:

(a) a parent, guardian, trustee, or person approved by a parent, guardian or trustee; or

(b) a person approved by the Commission if none of the persons in sub‑paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.

“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).

“assistance” includes any of the following (however described) provided under this Scheme:

(a) financial assistance;

(b) student support services;

“Commission” means the Repatriation 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 (in force from time to time).

“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 (in force from time to time).

“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 7.2.3;

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.

disqualifying accommodation scholarship means:

(a) a scholarship:

(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and

(ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection 23(1) of that Act; or

(b) a Commonwealth Accommodation Scholarship.

disqualifying education costs scholarship means:

(a) a scholarship:

(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and

(ii) specified under subsection 23(24) of the Social Security Act 1991 for the purposes of subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection 23(1) of that Act; or

(b) a Commonwealth Education Costs Scholarship.

“double orphan” means:

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

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

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

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

For the purposes of this definition “parent” includes an adoptive parent or step‑parent, “member” means a member of the Forces or a member of a Peacekeeping Force and “veteran” means a veteran described in the definition of “eligible child of a veteran” in section 116 of the Act.

eligible grandchild of a Vietnam veteran – has the same meaning as it has in subsection 116(1) of the Act.

“family tax benefit” means a family tax benefit under the A New Tax System (Family) Assistance Act 1999.

“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

“FTB child” means an FTB child within the meaning of the A New Tax System (Family) Assistance Act 1999.

“full-time”—a student undertakes a course on a full-time basis when:

(a) if the course is of primary education or secondary education—the student has an average of 20 contact hours per week over the duration of the course; or

(b) if the course is an approved full-time tertiary, technical and further education course or another course of tertiary study—

(i) the Commission is satisfied that, throughout the period the student undertakes the course, the student is undertaking full-time study for the purposes of subsection 541B(1) of the SSA; or

(ii) the student is deemed as undertaking full-time study under section 2.7.2.

Note: 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

(d) each later 20 September.

“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).

Long Tan Bursary means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child or eligible grandchild of a Vietnam veteran in order to assist the person with their tertiary education.

“MRCA” means the Military Rehabilitation and Compensation Act 2004 in force from time to time.

“MRCC” means the Military Compensation and Rehabilitation Commission established under section 361 of MRCA.

“MRCA Childrens’ Scheme” or “MRCAETS” means the scheme determined under subsection 258(1) of the MRCA.

“new apprentice” has the meaning it has in subsection 23(1) of the Social Security Act 1991.

“payday” means the pension payday defined in subsection 5Q(1) of the Act.

“primary education” means education provided at a school at any level:

(a) beginning in the first year of compulsory schooling; and

(b) ending in the sixth year of compulsory schooling.

“primary student” means a student undertaking primary education.

“relocation scholarship payment” means the payment of that name in paragraph 7.5.

“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 and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).

“secondary education” means formal education at a school other than primary education.

“secondary student” means a student undertaking secondary education.

“secondary or tertiary student” means a secondary student or a tertiary student.

“Scheme” means the Veterans’ Children Education Scheme.

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

“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.

“student start‑up scholarship payment” means the payment of that name in paragraph 7.4.

“tertiary education” means formal education at a college or university.

“tertiary student” means a student undertaking tertiary education.

“youth allowance” means an allowance of that name in Part 2.11 of the Social Security Act 1991.

1.2.2. Clean Energy Payment Definitions

In this instrument:

ABSTUDY has the same meaning it has in the Social Security Act 1991.

ABSTUDY Living Allowance means the allowance of that name under the ABSTUDY scheme.

Act means the Veterans’ Entitlements Act 1986.

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 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 MRCAETS; or

 a clean energy underlying payment under the VEA.

Note: the MRCA, MRCAETS and VEA contain their own definitions of “clean energy underlying payment”.

clean energy bonus has the same meaning as 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 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)

 paragraph 3.6A (allowance for double‑orphan)

Commission means the Repatriation Commission continued in existence by section 179 of the Act.

Commonwealth scheme means a set of regulatory provisions contained in an instrument made under an Act of the Commonwealth.

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 to a person under Division 2 of Part 2 of Chapter 5 of the MRCA.

MRCAETS payment means an education allowance under Part 3 of the MRCAETS.

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 clean energy advance period means the clean energy advance period that applied to the 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.

seniors supplement has the same meaning as in the Act.

service pension has the same meaning as in the Act.

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 scheme called the Veterans’ Children Education Scheme made under section 117 of the Act.

VEA means the Veterans’ Entitlements Act 1986.

war widow(er) pension means the pension payable under subsection 30(1) of the Act.

1.3 Authority for the Scheme

1.3.1 The Scheme is established under the provisions of Part VII of the Veterans’ Entitlements Act 1986 (the Act) and has been prepared in accordance with section 117 of the Act by the Commission and approved by the Minister administering the Act.

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;

(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 beneficiaries and their parents, guardians or trustees.

1.5 Administration of the Scheme

1.5.1 The Repatriation Commission is responsible for the administration of the Scheme.

1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.

PART 2—Eligibility Conditions

2.1 Eligible child

2.1.1 “Eligible child” is defined in section 116 of the Act.

2.1A Eligible child Entitlement Restrictions

2.1A.1 A person who is an Eligible child by virtue of a determination by the Commission under subsection 116C(2) of the Act that the person is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2) (hereafter described as the Long Tan Class of Person) may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the person is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the person is within the Long Tan Class of Person.

Note: the intention is that in order for a person to be eligible under the Scheme for benefits generally, the person must be eligible for benefits on a ground other than that of being a person within a Long Tan Class of Person. A person who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Person is only eligible for the Long Tan Bursary and no other benefit under the Scheme. However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Person.

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 a form approved by the Commission for the purpose (if any form is approved); and

Note: a claim is not required for the student start‑up scholarship payment or the relocation scholarship payment in paragraphs 7.4 and 7.5.

2.3 Who may claim

2.3.1 A claim for benefits under the Scheme may be made:

(a) by the veteran; or

(b) by a dependant of the veteran who has attained the age of 16 years; or

(d) if the veteran or dependant is unable to do so by reason of physical or mental incapacity, on behalf of the veteran or dependant — by a person approved by the Commission; or

(e) on behalf of a dependant 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 in respect 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 for the first year of compulsory schooling; or

(b) the first payday in January of the calendar year in which the claim is made for an eligible child; or

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.

2.5 Cessation of assistance under the Scheme

2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.

2.5.2 Where the Commission 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 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.

2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 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 Repatriation 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 3.8.3 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

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 primary education 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 Commission 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 Commission is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, 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 A student must not be paid a benefit under the Scheme if, apart from under the Scheme, the student receives from the Commonwealth:

(a) educational assistance; or

(b) an income support payment within the meaning of section 23 of the Social Security Act 1991.

2.11.2 However, a student who receives the assistance or payment may be paid a benefit under the Scheme if the assistance or payment:

(a) is provided (whether directly or indirectly) by the Department or the Commission; or

(b) is provided under a disqualifying accommodation scholarship, unless the benefit under the Scheme is a relocation scholarship payment; or

(c) is provided under a disqualifying education costs scholarship, unless the benefit under the Scheme is a student start‑up scholarship payment; or

(d) is a payment received under a grant mentioned in the second column for item 15 of the table in subsection 41-10(1) of the Higher Education Support Act 2003, whether the student receives the payment before, on or after the day this paragraph commences.

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 The allowance must be paid to:

(a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or

(b) in any other case—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 The allowance for a secondary student who is under 16 years old must be paid to:

(a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or

(b) in any other case—a person approved by the Commission to receive the payment on the student’s behalf.

3.3.3 The allowance for a secondary student who is 16 years old or older must be paid to:

(a) if a parent or guardian of the student is entitled to be paid family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or

(b) in any other case—a person approved by the Commission to receive the payment on the student’s behalf.

3.3.4 A person who is to be paid an allowance under paragraph 3.3.3 may give written notice to the Commission:

(a) requesting the Commission to pay the allowance to another person stated in the notice; or

(b) varying or revoking the request.

3.3.5 If notice is given under paragraph 3.3.4, the Commission must give effect to the notice.

3.3.6 An education allowance for a tertiary student must be paid to the student.

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.

(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 The allowance for the student must be paid to:

(a) if an institution or individual is providing board to the student—the institution or individual; or

(b) if subparagraph (a) does not apply and a parent or guardian of the student is entitled to be paid the family tax benefit because the student is an FTB child of the parent or guardian—the parent or guardian; or

(c) if both subparagraphs (a) and (b) do not apply—a person approved by the Commission to receive the payment on behalf of the student.

3.4.3 Also, if the Commission considers it inappropriate to pay the allowance to any of the people mentioned in subparagraphs 3.4.2(a) and (b), the allowance must be paid to another person approved by the Commission to receive the payment on behalf of the student.

3.4.4 Payment under 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 an individual either a term in advance or fortnightly, as determined by the Commission.

3.4.5 If only part of the allowance is paid to the institution or individual providing board to the student, the remaining part of the allowance must be paid to:

(a) the parent or guardian mentioned in subparagraph 3.4.2(a); or

(b) in any other case—a person approved by the Commission to receive the payment on the student’s behalf.

3.4.6 A person who is to be paid an allowance under subparagraph 3.4.2(a) or 3.4.5(a) may give written notice to the Commission:

(a) requesting the Commission to pay the allowance to another person stated in the notice; or

(b) varying or revoking the request.

3.4.7 If notice is given under paragraph 3.4.6, the Commission must give effect to the notice.

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

3.5.2 Allowances paid under paragraph 3.5.1 must be paid 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

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.

3.6A Double orphan education allowance

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

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

(a) for secondary students under 16 years of age — to the person who is paid pension on behalf of the student;

(b) for secondary students 16 years of age or over — to an appropriate person who will have the option of directing payment to the student;

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 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 $307.90 (paid annually);

(b) secondary students who are under sixteen years and living at home is $62.80 (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 who are 16 years old or older must be paid at a rate equivalent to the maximum basic rate of youth allowance (as indexed annually) 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

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

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

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

(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

(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 application of paragraph 3A.10.1, 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 paragraphs 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 a clean energy underlying payment 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 commences to receive, 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 a clean energy underlying payment but receives, before 1 January 2014:

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

(ii) ABSTUDY; or

(iii) a MRCAETS payment.

3A.5.3 Despite any other provision of the VCES if a person received an original payment under 3A.1.3 of the VCES 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 the 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 for working out the top-up payment for a 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 for calculating any further top-up payment

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 A debt that arises under paragraph 3A.8.1 or 3A.8.2 is a recoverable amount within the meaning of subsection 205(8) of the Act.

Multiple entitlement exclusion ‑ Clean Energy advance

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

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

(a) the Social Security Act 1991; or

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

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

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

(2) if the person has previously been paid a clean energy advance under the VCES 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

(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 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 VCES, a person is not eligible to have an energy supplement for a clean energy underlying payment used to calculate the person’s rate of clean energy underlying payment 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 clean energy underlying payment.

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

(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.

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 or 3.6A 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 or 3.6A 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 or 3.6A 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 or 3.6A 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 a 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 were the payment described as an “income support bonus” in item 71 of the table in section 1190 of the SSA, as in force immediately before 31 December 2016.

3B.5 CPI indexation of income support bonus

3B.5.1 The income support bonus is indexed in accordance with sections 1192, 1193 and 1194 of the SSA as if it were the payment described as an “income support bonus” in item 43 of the table in subsection 1191(1) of the SSA.

3B.5.2 The dollar amount mentioned in paragraph 3B.3.1 is replaced by the amount indexed in accordance with paragraph 3B.5.1 on 20 March and 20 September in every calendar year.

3B.5.3 In paragraph 3B.5, a reference to SSA is taken to be a reference to SSA as in force immediately before 31 December 2016.

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.

PART 4–Guidance and Counselling

4.1.1 The Commission may refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate.

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

4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.

4.1.4 A claim is not required for a referral.

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 Commission may arrange for provision of Additional Tuition in respect of that student.

5.3 Special Assistance

5.3.1 Where the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student’s progress the Commission may approve payment of Special Assistance in respect of that student.

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 or ‘double orphan’ 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 – rent assistance criteria under the Social Security Act 1991 are set out in point 1067G‑D1 of that Act.

Note 2 – 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 3 – in order to receive rent assistance for premises in Australia, while studying outside Australia, a student must also satisfy paragraph 2.6.

Note 4 – 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 7—Bequests and Trusts

7.1 Determination of use of funds

7.1.1 Any funds bequeathed in trust for the benefit of eligible students under the Scheme, are deemed to have been bequeathed in trust to the Commission.

7.1.3 Any bequest accepted either prior to or after the commencement of this Scheme, shall be administered within the terms of the bequest as varied from time to time by the Commission.

7.2 Scholarships

7.2.1 The Commission may create scholarships from trust funds and may determine the duration and value of such scholarships.

7.2.2 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.

7.2.3 A scholarship under paragraph 7.2.1 of this Scheme may be awarded in a course not otherwise approved for the purpose of this Scheme.

7.3 Long Tan Bursary

7.3.1 The Commission may create a bursary to be known as the Long Tan Bursary and the Commission may determine the duration and value of the bursary and the number of bursaries to be granted in any Calendar year.

Note (1): under section 23 of the Acts Interpretation Act 1901 words in the singular number (eg. bursary) include the plural (eg. bursaries).

Note (2): Calendar year is defined in section 22 of the Acts Interpretation Act 1901.

7.3.2 The Commission may award a Long Tan Bursary to:

(a) an Eligible child but only if the person is an Eligible child by virtue of a determination under subsection 116C(2) of the Act that the person is within a class of persons described in item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2); or

(b) an eligible grandchild of a Vietnam veteran.

7.3.3 In deciding whether to award a Long Tan Bursary to an Eligible child or eligible grandchild of a Vietnam veteran, the Commission must take into account any matter that the Commission thinks is relevant.

7.3.3A The Commission may award a bursary subject to conditions stated in the document offering the bursary to the person (however described).

7.3.4 An Eligible child or eligible grandchild of a Vietnam veteran who is awarded a Long Tan Bursary is not entitled to another Long Tan Bursary.

7.3.4A The Commission may suspend or terminate a Long Tan Bursary if a person who has been awarded the bursary fails to comply with a condition imposed under paragraph 7.3.3A.

7.3.4B If the Commission suspends or terminates the bursary, the Commission must give the person a written notice stating:

(a) that the bursary is suspended or terminated; and

(b) the day the suspension or termination takes effect.

7.3.4C For subparagraph 7.3.4B(b), the Commission may state a day that is on or after the day the person fails to comply, or begins to fail to comply, with the condition.

Note: An overpayment may be recovered under section 205 of the Act.

7.3.5 A Long Tan Bursary may be administered by the Commission (administration power) or an organisation contracted by the Commission.

7.3.6 Where the Commission delegates its administration power in Paragraph 7.3.5 to another person (for example, a contractor), it may enter into financial arrangements with that other person whereby that other person is paid to administer a Long Tan Bursary (administration fee) and any such administration fee may be drawn from the funds appropriated by the Commonwealth for the administration of the Scheme.

Note: pursuant to section 213 of the Act, the Commission can delegate its powers under the Act to, among others, a contractor with the Commission.

7.3.7 In this paragraph:

administer, a Long Tan Bursary, includes:

(a) accept and assess an application for the bursary; and

(b) award or refuse to award the bursary to an applicant; and

(d) monitor and report on a recipient of the bursary; and

(e) carry out the actions mentioned in paragraph 7.3.4A or 7.3.4B.

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 disqualifying 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 MRCA Childrens’ Scheme; or

(e) the person has received the amount or value of a disqualifying 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 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 1061ZVBD of the Social Security Act 1991 (in force from time to time), whichever is higher.

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

(d) the Commission is satisfied that the person is not likely to receive the amount or value of a disqualifying 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 MRCA Childrens’ Scheme; or

(e) the person has received the amount or value of a disqualifying 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

(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 or a double orphan 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 a double orphan 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”;

(d) a payment known as a “relocation scholarship payment” under the MRCA Childrens’ Scheme;

(e) the amount or value of a Commonwealth Accommodation Scholarship.

Debts in respect of scholarship payments

Person does not start to undertake course

7.5.8

(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:

(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:

(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

8.1.2 The Commission may delegate any of its powers under the Scheme to an employee or officer of the Australian Public Service.

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, that student, parent, guardian or trustee may make an application to the Commission for a review of the decision.

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 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
ed = editorial change	rep = repealed
exp = expires/expired or ceases/ceased to have	rs = repealed and substituted
effect	s = section(s)/subsection(s)
gaz = gazette	/rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003	sch = Schedule(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given	SR = Statutory Rules
effect	sub ch = Sub‑Chapter(s)
(md not incorp) = misdescribed amendment	sub div = Subdivision(s)
cannot be given effect	sub pt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Veterans’ Children Education Scheme (2015 No. R43)	17 Aug 2015 (F2015L01280)	para 2.6.2 and 2.6.3: 1 Jan 2014 (s 2 item 2) Remainder: 18 Aug 2015 (s 2 item 1)
Veterans’ Affairs Children Education Schemes (Indigenous Students Assistance Scholarships and Other Matters) Amendment Instrument 2016 (2016 R51/MRCC51)	21 Dec 2016 (F2016L02006)	sch 1 (pt 1 items 1-7): 1 Jan 2017 (s 2(1) item 2) sch 2 (pt 1 item 1): 1 July 2017 (s 2(1) item 3)	—
Veterans’ Children Education Scheme Amendment Instrument 2017 (2017 No. R4)	21 Mar 2017 (F2017L00273)	22 Mar 2017 (s 2)	—
Veterans’ Children Education Scheme (Long Tan Bursary) Amendment Instrument 2018 (2018 No. R92)	25 Feb 2019 (F2019L00190)	1 July 2019 (s 2)	—
Veterans’ Children Education Schemes (COVID‑19 Supplement) Amendment Determination 2020 (2020 No. R14/MRCC14)	24 Apr 2020 (F2020L00477)	sch (items 1, 2): 25 Mar 2020 (s 2)	—
Veterans’ Children Education Schemes (Updated Allowances) Amendment Determination 2021 (2021 No. R12/MRCC12)	31 Mar 2021 (F2021L00389)	sch (items 1-4): 1 Apr 2021 (s 2)	—
Veterans’ Children Education Schemes (Education Boards) Amendment Determination 2022 (2022 No. R34/MRCC34)	21 Oct 2022 (F2022L01372)	sch (items 1-19): 22 Oct 2022 (s 2)	—
Veterans’ Entitlements Legislative Instruments Omnibus Variation Determination 2022 (2022 No. R9)	14 Dec 2022 (F2022L01649)	sch 1: 15 Dec 2022 (s 2)	—
Veterans’ Children Education Schemes Amendment (Increase in Education Allowance) Determination 2023	18 Sept 2023 (F2023L01256)	sch 1: 20 Sept 2023 (s 2)	—
Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2024	23 Dec 2024 (F2024L01751)	24 Sept 2024 (s 2)	—
Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2025	8 Sept 2025 (F2025L01062)	9 Sept 2025 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2.....................	rep LA s 48D (see Endnote 6)
s 3.....................	am F2022L01372
Part 1
s 1.2....................	am F2016L02006; F2019L00190; F2020L00477; F2022L01372; F2022L01649; F2023L01256
	ed C9
	am F2024L01751; F2025L01062
s 1.4....................	am F2022L01372
s 1.5....................	am F2022L01372; F2025L01062
Part 2
s 2.1A...................	am F2017L00273
s 2.4....................	am F2023L01256; F2025L01062
s 2.5....................	am F2022L01372
s 2.6....................	am F2023L01256
s 2.7....................	am F2025L01062
s 2.10...................	am F2022L01372
	ed C7
s 2.11...................	am F2016L02006; F2025L01062
Part 3
s 3.2....................	am F2025L01062
s 3.3....................	am F2025L01062
s 3.4....................	am F2025L01062
s 3.5....................	am F2025L01062
s 3.7....................	am F2025L01062
s 3.8....................	am F2021L00389; F2023L01256
	ed C9
	am F2025L01062
Part 3A
Division 1
s 3A.5...................	am F2025L01062
s 3A.9...................	am F2025L01062
s 3A.10..................	am F2022L01649
Division 2
s 3A.14..................	am F2025L01062
Division 3	rep F2025L01062
s 3A.19..................	rep F2025L01062
Part 3B
s 3B.4...................	rs F2025L01062
s 3B.5...................	rs F2025L01062
s 3B.8...................	am F2025L01062
Part 3C..................	ad F2020L00477
	exp end 31 Mar 2021 (s 3C.2.1(b) and F2020L01671 (s 7(1)(b)))
	rep F2025L01062
s 3C.1...................	ad F2020L00477
	exp end 31 Mar 2021 (s 3C.2.1(b) and F2020L01671 (s 7(1)(b)))
	rep F2025L01062
s 3C.2...................	ad F2020L00477
	exp end 31 Mar 2021 (s 3C.2.1(b) and F2020L01671 (s 7(1)(b)))
	rep F2025L01062
s 3C.3...................	ad F2020L00477
	exp end 31 Mar 2021 (s 3C.2.1(b) and F2020L01671 (s 7(1)(b)))
	rep F2025L01062
s 3C.4...................	ad F2020L00477
	exp end 31 Mar 2021 (s 3C.2.1(b) and F2020L01671 (s 7(1)(b)))
	rep F2025L01062
Part 4
Part 4 heading.............	rs F2022L01372
s 4.1....................	am F2022L01372; F2025L01062
Part 5
s 5.2....................	am F2022L01372
s 5.3....................	am F2022L01372
Part 6...................	rep F2022L01372
s 6.1....................	rep F2022L01372
s 6.2....................	rep F2022L01372
s 6.3....................	rep F2022L01372
s 6.4....................	rep F2022L01372
s 6.5....................	rep F2022L01372
s 6.6....................	rep F2022L01372
s 6.7....................	rep F2022L01372
s 6.8....................	rep F2022L01372
s 6.9....................	rep F2022L01372
Part 7
s 7.1....................	am F2022L01372
s 7.2....................	am F2022L01372
s 7.3....................	am F2017L00273; F2019L00190; F2022L01372; F2024L01751
s 7.4....................	am F2016L02006; F2025L01062
s 7.5....................	am F2016L02006; F2025L01062
Part 8
s 8.1....................	am F2022L01372
s 8.2....................	am F2022L01372

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Section 2 of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2025 appears as follows:

2 Commencement

This instrument commences on the day section 1.1.1 of the Military Rehabilitation and Compensation (Education and Training) Determination 2025 commences.

The name of the Determination in the commencement provision has not been cited correctly. The provision clearly intended to refer to the Military Rehabilitation and Compensation (Education and Training Scheme) Determination 2025.

This compilation was editorially changed to read the commencement of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2025 as if it commenced on the day section 1.1.1 of the Military Rehabilitation and Compensation (Education and Training Scheme) Determination 2025 commences.

Endnote 6—Miscellaneous

Section 2 ‑ Commencement

Section 2 of the Veterans’ Children Education Scheme is a solely commencing provision. Under section 48D of the Legislation Act 2003, solely commencing provisions are automatically repealed once all commencements have occurred. However, section 3 of the Scheme refers to and relies on information in section 2 therefore section 2, although automatically repealed, has not been removed from the compilation.

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