1 Name
This instrument is the Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2025.
2 Commencement
This instrument commences on the day section 1.1.1 of the Military Rehabilitation and Compensation (Education and Training) Determination 2025 commences.
3 Authority
This instrument is made under subsection 117(8) of the Veterans’ Entitlements Act 1986.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Veterans’ Children Education Scheme
1 Paragraph 1.2.1
insert
“assistance” includes any of the following (however described) provided under this Scheme:
(a) financial assistance;
(b) student support services;
(c) guidance and counselling.
“family tax benefit” means a family tax benefit under the A New Tax System (Family) Assistance Act 1999.
“FTB child” means an FTB child within the meaning of the A New Tax System (Family) Assistance Act 1999.
2 Paragraph 1.2.1 (definition of COVID-19 supplement)
omit
3 Paragraph 1.2.1 (definition of extension period)
omit
4 Paragraph 1.2.1 (definition of full time)
omit
5 Paragraph 1.2.1 (definition of full-time)
substitute
“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.
6 Paragraph 1.2.1 (definition of MRCA Childrens’ Scheme)
substitute
“MRCA Childrens’ Scheme” or “MRCAETS” means the scheme determined under subsection 258(1) of the MRCA.
7 Paragraph 1.2.1 (new definition of primary education)
insert
“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.
8 Paragraph 1.2.1 (new definition of primary student)
insert
“primary student” means a student undertaking primary education.
9 Paragraph 1.2.1 (definition of secondary education)
substitute
“secondary education” means formal education at a school other than primary education.
10 Paragraph 1.2.1 (definition of tertiary education)
substitute
“tertiary education” means formal education at a college or university.
11 Paragraph 1.2.1 (definition of youth allowance)
substitute
“youth allowance” means an allowance of that name in Part 2.11 of the Social Security Act 1991.
12 Paragraph 1.2.2 (definition of clean energy underlying payment or education allowance)
omit
or education allowance
13 Paragraph 1.2.2. (definition of MRCAETS)
omit
14 Paragraph 1.2.2 (definition of MRCAETS payment)
substitute
MRCAETS payment means an education allowance under Part 3 of the MRCAETS.
15 Paragraph 1.2.2 (definition of multiple entitlement exclusion)
omit
16 After paragraph 1.5.1
insert
1.5.2 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
17 Subparagraph 2.4.1(a)
omit
of the first formal year of primary schooling
substitute
for the first year of compulsory schooling
18 Subparagraph 2.7.1(a)
omit
general primary
substitute
primary education
19 Paragraphs 2.11.1 and 2.11.2
substitute
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.
20 Paragraph 3.2.3
substitute
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.
21 Paragraphs 3.3.2, 3.3.3 and 3.3.4
substitute
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.
22 Paragraphs 3.4.2, 3.4.3 and 3.4.5
substitute
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.
23 Paragraph 3.5.2
omit
shall be payable to the student
substitute
must be paid to the student
24 Paragraph 3.7.1
substitute
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.
25 Paragraph 3.8.3
substitute
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.
26 Subparagraph 3A.5.1(c)(ii)
omit
the provisions of a multiple entitlement exclusion
substitute
the application of paragraph 3A.10.1,
27 Subparagraph 3A.5.2(a)
omit
an education allowance
substitute
a clean energy underlying payment
28 Subparagraph 3A.5.2(c)
omit
an education allowance
substitute
a clean energy underlying payment
29 Paragraphs 3A.9.1 and 3A.9.2
substitute
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.
30 Paragraph 3A.14.1
substitute
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.
31 Division 3 of Part 3A
omit
32 Paragraph 3B.4
substitute
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.
33 Paragraph 3B.5
substitute
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.
34 Paragraph 3B.8.2
omit
35 Part 3C
omit
36 Paragraph 4.1.4
substitute
4.1.4 A claim is not required for a referral.
37 Subparagraph 7.4.4(d)
omit
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)
substitute
under the MRCA Childrens’ Scheme
38 Subparagraph 7.5.4(d)
omit
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)
substitute
under the MRCA Childrens’ Scheme
39 Subparagraph 7.5.7(5)(d)
omit
under the scheme made under the Military Rehabilitation and Compensation Act 2004 known as the Military Rehabilitation and Compensation Act Education and Training Scheme
substitute
under the MRCA Childrens’ Scheme
