REPATRIATION COMMISSION
Veterans’ Entitlements Act 1986
Veterans' Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006
Instrument No. R26/2006
The Repatriation Commission makes this Determination under section 116A of the Veterans’ Entitlements Act 1986.
Dated 22nd September 2006
MARK SULLIVAN
PRESIDENT
ED KILLESTEYN DEPUTY PRESIDENT
SIMON HARRINGTONTON
COMMISSIONER
Repatriation Commission
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Part 1 Introduction
1.1 Name of Determination
This Determination is the Veterans' Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No. R26/2006.
1.2 Commencement
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
1.3 Revocation
The following Determination is revoked:
The Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (as amended by the Veterans' Entitlements (Veterans’ Children Education Scheme - Eligible Child) Amendment Determination 4/2002).
1.4 Saving
A person who, immediately before the commencement of this Determination, was in a class of persons described in the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (as amended by the Veterans' Entitlements (Veterans’ Children Education Scheme - Eligible Child) Amendment Determination 4/2002) is taken to be in that class under this Determination as if this Determination created the class.
1.5 Definitions
Act means the Veterans’ Entitlements Act 1986.
appropriately qualified professional means a person who is:
(a) a medical practitioner (general practitioner or specialist); or
(b) a psychologist who has full registration as a psychologist in the State or Territory in which the person practices; or
(c) a social worker who has completed a 4 year recognised degree and has eligibility for membership of the Australian Association of Social Workers.
child has the same meaning it has in subsection 5F(1) of the Act.
child of a veteran has the same meaning it has in section 10 of the Act.
veteran means a person described in paragraph (a) of the definition of “veteran” in subsection 5C(1) of the Act.
Vietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by a veteran in Vietnam.
1.6 Purpose
To determine a class of persons for the purposes of paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act. A person within that class is eligible for certain benefits under the Veterans’ Children Education Scheme made under section 117 of the Act.
Part 2 Class of Persons
2.1 A class of persons for the purposes of paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act is comprised of a person who is or was a child of a veteran with Vietnam service and who:
(a) is diagnosed by an appropriately qualified professional as having a depressive disorder; or
(b) is, in the opinion of an appropriately qualified professional, vulnerable; or
(c) is making the transition to tertiary study and who is academically able to complete an undergraduate degree (or similar tertiary course of study) and whose familial circumstances are such that the person may require additional financial assistance.
Note (1): "child" under the Act has a different meaning to its normal meaning.
A child is someone who has not turned 16 years or, if in full time education, has not turned 25 years. Depending on the circumstances therefore, a person 16 years or over or 25 years or over is not a child but a former child.
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Repatriation Commission
