Military Rehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Repeal Determination 2014
Military Rehabilitation and Compensation Act 2004
Instrument 2014 No. MRCC12
I, Michael Ronaldson, Minister for Veterans’ Affairs, pursuant to subsection 258(5) of the Military Rehabilitation and Compensation Act 2004, approve this instrument made by the delegates of the Military Rehabilitation and Compensation Commission.
Dated this       6th           day of       March                       2014
Michael Ronaldson...……….....................................................
MICHAEL RONALDSON
 
The Military Rehabilitation and Compensation Commission, pursuant to subsection 258(4) of the Military Rehabilitation and Compensation Act 2004, varies the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4 as amended) in accordance with the Schedule.
Dated this           7th                day of         February                       2014
The Seal of the                                             )
Military Rehabilitation                                 )
and Compensation Commission            )SEAL
was affixed hereto in the                            )
presence of:                                                  )
Simon Lewis                                                                                           Shane Carmody
...................................................................................................................................................................................................
SIMON LEWIS                                                                                                           SHANE CARMODY                   
       CHAIR                                                                                                                          MEMBER                                                 
 
Major General Mark Kelly                                                         Air Vice-Marshall Anthony Needham
........................................................................................................................................................................................................
MAJOR GENERAL MARK KELLY                                             Air Vice-Marshal Anthony Needham
      AO DSC
     MEMBER                                                                                                                  ACTING MEMBER
 
 
 
 
 
1.         Name of instrument
This instrument is the Military Rehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Repeal Determination 2014.
2.         Commencement
(a) subject to (b) this Instrument commences when Schedule 8 of the Minerals Resource Rent Tax Repeal and Other Measures Act 2014 commences.
Note: Schedule 8 commences when the Minerals Resource Rent Tax Repeal and Other Measures Act 2014 receives the Royal Assent.
(b) item 1 of the Schedule is taken to have commenced when the Military Rehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Determination 2013 commenced.
3.         Savings
(a) If, before the commencement of this instrument in accordance with paragraph 2(a), a person was, under Part 3B of the Military Rehabilitation and Compensation Act Education and Training Scheme 2004, eligible for an income support bonus on an income support bonus test day occurring before that commencement, then, despite the amendments made by items 2 and 3 of the Schedule, the Military Rehabilitation and Compensation Act Education and Training Scheme 2004, as in force immediately before that commencement, continues to apply on and after that commencement in relation to that eligibility.
 
(b) If, after the commencement of all provisions of this instrument, a person becomes eligible for an education allowance that takes effect before the commencement of items 2 and 3 of the Schedule, and the person would have been eligible for an income support bonus on an income support bonus test day occurring before the commencement of those items, the Military Rehabilitation and Compensation Act Education and Training Scheme 2004, as in force immediately before the commencement of the items, continues to apply on and after the commencement of the items in relation to that eligibility on that income support bonus test day.
 
Schedule
1.  Paragraph 3B.1.2
substitute:
 
3B.1.2  A person is eligible for an income support bonus on an income support bonus test day if:
 
(a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph 3.3, 3.4, 3.5, 3.6 of the Scheme; or
(b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph 3.4, 3.5, 3.6 of the Scheme; or
(c) the person has attained the age of 16 years and the person's eligibility for an education allowance under paragraph  3.3, 3.4, 3.5, 3.6 of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.
(d) the person has not attained the age of 16 years and the person's eligibility for an education allowance under paragraph  3.4, 3.5, 3.6 of the Scheme takes effect before the income support bonus test day and the person would have received the education allowance on the income support bonus test day if the person had been eligible for the allowance at that time.
 
Note: paragraphs (c ) and (d) cover the situation where an education allowance is backdated.
2.  Paragraph 1.2.1 (definitions of “income support bonus” and “income support bonus test day”)
omit
3.  Part 3B (Income Support Bonus)       
 
omit