Military Rehabilitation and Compensation Act Education and Training Scheme (Scholarships) Instrument 2010

Link to law: https://www.comlaw.gov.au/Details/F2010L00840

Australian Government
Military Rehabilitation and Compensation Act 2004
 
Military Rehabilitation and Compensation Act Education and Training Scheme (Scholarships) Instrument 2010
 
Instrument No. M25/2010
 
 
I, Alan Griffin, Minister for Veterans’ Affairs, pursuant to subsection 258(5) of the Military Rehabilitation and Compensation Act 2004, approve this instrument made by the Military Rehabilitation and Compensation Commission.
Dated this      8th       day of       April              2010
Alan Griffin
……………………….............................................
ALAN GRIFFIN
 
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 (Instrument 2004 No. M4 as amended) in accordance with the Schedule.
Dated this   8th            day of      April              2010
The Seal of the                                                 )
Military Rehabilitation                                       )
and Compensation Commission                      )
was affixed hereto in the                                    )
presence of:                                                      )
 
Ian Campbell…………………………..……Brigadier W D Rolfe AO (Rtd)
IAN CAMPBELL                                         BRIGADIER W D ROLFE AO (Rtd)
CHAIR                                                                          MEMBER
 
 
 
[1]     Name of Instrument
This instrument is the Military Rehabilitation and Compensation Act Education and Training Scheme (Scholarships) Instrument 2010
 
[2]  Commencement
 
This instrument is taken to have commenced on
1 April 2010.
 
 
Schedule
 
1.      Paragraph 1.2.1 (Interpretation)
 
insert:
 
“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.
 
“approved scholarship course” means a course under section 592M of the Social Security Act 1991.
 
“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.
 
“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.
 
“student start-up scholarship payment” means the payment of that name in paragraph 7.2.
 
“relocation scholarship payment” means the payment of that name in paragraph 7.3.
 
2.      Paragraph 2.2 (Claim for benefits)
 
            omit:
 
2.2.1    A claim
 
substitute:
 
            2.2.1    Except where otherwise provided, a claim
 
3.      Paragraph 2.2.1
 
            add as a note:
 
Note: a claim is not required for the student start-up scholarship payment or the relocation scholarship payment in paragraphs 7.2 and 7.3.
 
4.      Paragraph 2.11.2 (Effect of other assistance on eligibility)
 
          omit, substitute:
 
2.11.2  A student who receives a financial benefit from the Commonwealth in the nature of educational assistance or income support (other than a benefit under the Scheme) may be paid a benefit under the Scheme if the educational assistance or income support:
(a)        is provided (whether directly or indirectly) by the Department or the Commission; or
(b)        is provided under a Commonwealth Accommodation Scholarship - except where the benefit under the Scheme is a relocation scholarship payment; or
 
(c)        is provided under a Commonwealth Education Costs Scholarship - except where the benefit under the Scheme is a student start-up scholarship payment.
 
5.      Paragraph 7.1.3
 
after the paragraph, insert:
 
7.2.   Student Start-up Scholarship Payment
 
Claim not required
 
7.2.1    A claim is not required for a student start-up scholarship payment.
 
            Grant of scholarship
 
7.2.2    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
 
7.2.3    An eligible child is qualified for a student start-up scholarship payment if at a time (the qualification time):
 
(a)        the person is eligible for an education allowance for a tertiary student under the Scheme, the allowance is payable to the person and the person is receiving it; and
 
(b)        the person is receiving the education allowance because the person is undertaking an approved scholarship course; and
 
(c)        the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and
 
(d)        the Commission is satisfied that the person is not likely to receive the amount or value of a Commonwealth Education Costs Scholarship in the period of 6 months starting immediately after the qualification time.
 
            Circumstances in which Person is Not Qualified for Student Start-up Scholarship Payment
 
7.2.4    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; or
 
                        (d)        the person has qualified for a payment known as a “student start-up scholarship payment” under the scheme made under the Veterans’ Entitlements Act 1986 known as the Veterans’ Children Education Scheme; or
 
                        (e)        the person has received the amount or value of a Commonwealth Education Costs Scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.
 
                        Commission may determine period less than 6 months
 
            7.2.5    For 7.2.4, 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.
 
            7.2.6    For 7.2.5, 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
 
            7.2.7    The amount of a student start-up scholarship payment is $650 for 2010 and $1064 for 2011 and for each subsequent Calendar year or, for any Calendar year, the amount equal to the amount, including as indexed, under section 592H of the Social Security Act 1991 (in force from time to time), whichever is higher.
 
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
 
            7.3    Relocation Scholarship Payment
 
Claim not required
 
7.3.1    A claim is not required for a relocation scholarship payment.
 
            Grant of scholarship
 
7.3.2    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
 
7.3.3    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) or homeless 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 (living away from home) or homeless allowance because the person is undertaking an approved scholarship course; and
 
(c)        the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and
 
(d)        the Commission is satisfied that the person is not likely to receive the amount or value of a Commonwealth 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
 
7.3.4    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; 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; or
 
                        (d)        the person has qualified for a payment known as a “relocation scholarship payment” under the scheme made under the Veterans’ Entitlements Act 1986 known as the Veterans’ Children Education Scheme; or
 
                        (e)        the person has received the amount or value of a Commonwealth Accommodation Scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.
 
                        Commission may determine period less than 12 months
 
            7.3.5    For 7.3.4, 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.
 
            7.3.6    For 7.3.5, 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
 
            7.3.7    Subject to 7.3.8 and 7.3.9, the amount of a relocation scholarship payment is $4,000 or an amount equal to the amount, as indexed, under section 592L of the Social Security Act 1991, whichever is higher.
 
Previously undertaken approved scholarship course and
homeless or required to live away from home
 
7.3.8    The amount of a relocation scholarship payment to a person is
$1,000 or the amount equal to the amount, including as indexed, under subsection 592L(2) of the Social Security Act 1991 (in force from time to time), whichever is higher, if:
 
(a)        in the Calendar year before the Calendar year in which the
person’s qualification time falls, the person undertook a
course that, had the person undertaken it at the qualification
time, would have been an approved scholarship course at that
time; and
 
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
 
(b)        either of the following applied to the person at a time that
was more than 6 months before the person’s qualification
time:
 
(i)         the person received a homeless student education allowance under the Scheme;
 
(ii)        the person did not receive a homeless student education allowance under the Scheme but received, under the Scheme, a living away from home allowance for a tertiary student.
 
                        Subsequent Payment
 
            7.3.9    The amount of a relocation scholarship payment is $1,000 if the person has received any of the following before the period in 7.3.4:
 
                        (a)        a relocation scholarship payment;
 
                        (b)        a payment under the ABSTUDY Scheme known as an “ABSTUDY relocation scholarship payment”;
 
                        (c)        a payment known as a relocation scholarship payment under Part 2.11B of the Social Security Act 1991;
 
                        (d)        a payment known as a “relocation scholarship payment” under the scheme made under the Veterans’ Entitlements Act 1986 known as the Veterans’ Children Education Scheme;
 
                        (e)        the amount or value of a Commonwealth Accommodation Scholarship.
 
Debts in respect of scholarship payments
 
Person does not start to undertake course
 
            7.3.10 (1) If a person:
(a)  has received a student start-up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and
(b)  the person does not start to undertake the course;
then:
(c) the amount of the payment is a debt due to the Commonwealth; and
(d) the debt is taken to have arisen when the person receives the payment.
However, this paragraph does not apply if, in the Commission’s opinion, the person does not start to undertake the course because of exceptional circumstances beyond the person’s control.
 
Person not continuing to undertake course
 
(2) If a person:
(a)  has received a student start-up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and
(b)  the person starts to undertake the course; and
(c)  the person is not undertaking the course at the end of 35 days after the course commences;
then:
(d)  the amount of the payment is a debt due to the Commonwealth; and
(e)  the debt is taken to have arisen when the person receives the payment.
 
 
 
(3) If a person:
(a)  has received a student start-up scholarship payment or a relocation scholarship payment because the person is undertaking an approved scholarship course; and
(b) is not undertaking the course at the end of 35 days after qualifying for the payment;
then:
(c) the amount of the payment is a debt due to the Commonwealth; and
(d) the debt is taken to have arisen when the person receives the payment.
(4)     Subparagraphs (2) and (3) do not apply if, in the Commission’s opinion, the person is not undertaking the course as mentioned in those subparagraphs because of exceptional circumstances beyond the person’s control.
 
 
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