Australian Government

 

 

 

Veterans’ Children Education Schemes (COVID-19 Supplement) Amendment Determination 2020

Instrument No. R14/MRCC 14 of 2020

 

 

 

I, Darren Chester, Minister for Veterans’ Affairs approve:

(a)     under subsection 117(9) of the Veterans’ Entitlements Act 1986, the variations by the Repatriation Commission of the Veterans’ Children Education Scheme in the following determination; and

(b)    under subsection 258(5) of the Military Rehabilitation and Compensation Act 2004,  the variations by the Military Rehabilitation and Compensation Commission of the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 in the following determination.

 

Dated this            24th             day of           April                        2020

 

 

DARREN CHESTER

 

 

The Repatriation Commission, under subsection 117(8) of the Veterans’ Entitlements Act 1986, makes the variations to the Veterans’ Children Education Scheme in the following determination.

 

 

Dated this          24th                  day of          April                2020

 

The Seal of the                     )                                        

Repatriation Commission    )  SEAL                                        

was affixed hereto in the      )                                          

presence of:                          )                                        

                                                                                       

 

      

   …Elizabeth Cosson…………………………  ……Charles McHardie…………………………..…Don Spinks…….....

 ELIZABETH COSSON                                    CHARLES McHARDIE                                     DON SPINKS

             am csc                                                                     AM                                                             AM

          PRESIDENT                                       ACTING DEPUTY PRESIDENT                       COMMISSIONER

 

 

 

 

We, as delegates of the Military Rehabilitation and Compensation Commission, under subsection 258(4) of the Military Rehabilitation and Compensation Act 2004, makes the variations to the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 in the following determination.

 

 

 

Dated this        24th          day of                      April                      2020

 

The Seal of the                                                                   )

Military Rehabilitation and Compensation Commission  )  SEAL

was affixed hereto in the                                                    )

presence of:                                                                        )

 

 

  

……..Elizabeth Cosson…………………..………… ……Charles McHardie…………………………….….Don Spinks….

      ELIZABETH COSSON                                       CHARLES McHARDIE                                          DON SPINKS

                AM CSC                                                                     AM                                                                      AM

                 CHAIR                                                                    MEMBER                                                        MEMBER

 

 

              

 

 

MEMBER

 

 

 

 

1        Name

 This instrument is the Veterans’ Children Education Schemes (COVID-19 Supplement) Amendment Determination 2020.

 

2        Commencement

 

 

3        Authority

 This instrument is made under subsection 117(8) of the Veterans’ Entitlements Act 1986 and subsection 258(4) of the Military Rehabilitation and Compensation Act 2004.

 

4        Schedule

 The Veterans’ Children Education Scheme (Instrument 2015 No. R43) and the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 are varied in accordance with the items in the Schedule.

 

 

 


Schedule

 

Variations to the Veterans’ Children Education Scheme (Instrument 2015 No. R43)

 

1   Paragraph 1.2.1

insert:

“COVID-19 supplement” means the payment of that name payable under Part 3C.

 

“extension period” means the period of any extension of the period for which the COVID-19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.

 

“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).

2   Part 3B 

  after this Part insert:

PART 3C – COVID-19 SUPPLEMENT

3C.1  Eligibility for COVID-19 supplement

3C.1.1  If a person:

(a)  has attained the age of 16 years and is receiving, an education allowance under paragraph  3.3, 3.4, 3.5, 3.6 or 3.6A of the Scheme, the fortnightly payment of education allowance is increased from 27 April 2020 by the amount of the COVID-19 supplement; or

(b)    has not attained the age of 16 years but is receiving, an education allowance under paragraph  3.4, 3.5, 3.6 or 3.6A of the Scheme, the fortnightly payment of education allowance is increased from 27 April 2020 by the amount of the COVID-19 supplement.

3C.2 COVID-19 supplement payment period

3C.2.1   This Part ceases to apply at the end of:

(a)           the initial period, unless paragraph (b) applies; or

(b)           the extension period.

3C.3  Amount of COVID-19 supplement

 3C.3.1  For the period beginning on 27 April 2020 and ending at the end of the initial period, the fortnightly amount of the COVID-19 supplement is:

(a)           $550, unless paragraph (b) applies; or

(b)           if the amount of the supplement is determined by a legislative instrument made           under subsection 557(5) of the Social Security Act 1991—that amount.

3C.3.2  For any extension period, the amount of the COVID-19 supplement is to be worked out in accordance with a legislative instrument made under subsection 557(7) of the Social Security Act 1991.

3C.4 Payment of the COVID-19 supplement

      3C.4.1   If a person is eligible for the COVID-19 supplement on a payday on or after 27 April 2020, the Commission must direct that the increased education allowance is payable to the person:

 (a) on the first payday that the Commission considers to be the earliest payday on which it is reasonably practicable for the supplement to be paid and subsequently on each payday the person is eligible for the supplement; and

(b) in such manner as the Commission considers appropriate.

3C.4.2 Subject to paragraph 3C.4.3, payment of the COVID-19 supplement for a person who is eligible for the supplement (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable.

Note:  The person receiving the COVID-19 supplement for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.

3C.4.3 If the education allowance is payable to an institution or to a person providing board to the eligible person, the COVID-19 supplement is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.

 

 

 

Variations to the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2015 No. MRCC43)

 

3   Paragraph 1.2.1

insert:

“COVID-19 supplement” means the payment of that name payable under Part 3C.

 

“extension period” means the period of any extension of the period for which the COVID-19 supplement payable under section 557 of the Social Security Act 1991 is extended by a legislative instrument made under subsection 557(3) of the Social Security Act 1991.

 

“initial period” means the period of 6 months beginning on the day on which Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020 commences (25 March 2020).

4   Part 3B 

after this Part insert:

PART 3C – COVID-19 SUPPLEMENT

3C.1  Eligibility for COVID-19 supplement

3C.1.1  If a person:

(a)  has attained the age of 16 years and is receiving, an education allowance under paragraph  3.3, 3.4, 3.5 or 3.6 of the Scheme, the fortnightly payment of education allowance is increased from 27 April 2020 by the amount of the COVID-19 supplement; or

(b)     has not attained the age of 16 years but is receiving, an education allowance under paragraph  3.4, 3.5 or 3.6 of the Scheme, the fortnightly payment of education allowance is increased from 27 April 2020 by the amount of the COVID-19 supplement.

3C.2 COVID-19 supplement payment period

3C.2.1  This Part ceases to apply at the end of:

(a)         the initial period, unless paragraph (b) applies; or

(b)        the extension period.

3C.3  Amount of COVID-19 supplement

3C.3.1  For the period beginning on 27 April 2020 and ending at the end of the initial period, the fortnightly amount of the COVID-19 supplement is:

(a)         $550, unless paragraph (b) applies; or

(b)      if the amount of the supplement is determined by a legislative instrument made

           under subsection 557(5) of the Social Security Act 1991—that amount.

3C.3.2  For any extension period, the amount of the COVID-19 supplement is to be worked out in accordance with a legislative instrument made under subsection 557(7) of the Social Security Act 1991.

3C.4 Payment of the COVID-19 supplement

      3C.4.1   If a person is eligible for the COVID-19 supplement on a payday on or after 27 April 2020, the Commission must direct that the increased education allowance is payable to the person:

(a)    on the first payday that the Commission considers to be the earliest payday on which it is reasonably practicable for the supplement to be paid and subsequently on each payday the person is eligible for the supplement; and

(b) in such manner as the Commission considers appropriate.

3C.4.2 Subject to paragraph 3C.4.3, payment of the COVID-19 supplement for a person who is eligible for the supplement (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable.

Note:  The person receiving the COVID-19 supplement for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.

3C.4.3 If the education allowance is payable to an institution or to a person providing board to the eligible person, the COVID-19 supplement is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.