Veterans’ Children Education Scheme (Income Support Bonus) Repeal Instrument 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00257

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Veterans’ Children Education Scheme (Income Support Bonus) Repeal Instrument 2014
 
Veterans’ Entitlements Act 1986
Instrument 2014 No.R11
 
I, Michael Ronaldson, Minister for Veterans’ Affairs, pursuant to subsection 117(3) of the Veterans’ Entitlements Act 1986, approve this instrument made by the Repatriation Commission.
Dated this        6th          day of         March                     2014
Michael Ronaldson
……………………….............................................
MICHAEL RONALDSON
 
The Repatriation Commission, pursuant to subsection 117(2) of the Veterans’ Entitlements Act 1986, varies the Veterans’ Children Education Scheme (Instrument 1992 No. 11 as amended) in accordance with the Schedule.
 
 
The Seal of the                                             )
Repatriation Commission                           )SEAL
was affixed hereto in the                            )
presence of:                                                  )
Dated this     7th             day of          February                    2014
Simon Lewis           Shane Carmody             Major General Mark Kelly
…………………………………………………………………………………….........….
SIMON LEWIS       SHANE CARMODY         MAJOR GENERAL MARK KELLY
                                                                                         AO DSC
PRESIDENT         DEPUTY PRESIDENT                 COMMISSIONER
 
 
 
 
1.         Name of instrument
This instrument is the Veterans’ Children Education Scheme (Income Support Bonus) Repeal Instrument 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 Veterans’ Entitlements (Veterans’ Children Education Scheme – Income Support Bonus) Instrument 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 Veterans’ Children Education Scheme, 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 Veterans’ Children Education Scheme, 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 Veterans’ Children Education Scheme, 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 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.
(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.
 
2.  Paragraph 1.2.1 (definitions of “income support bonus” and “income support bonus test day”)
omit
3.  Part 3B (Income Support Bonus)       
 
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