13.4.1.1 Varying payment at age 16

Students who are 16 or older at the time of claim or were previously receiving a DVA education allowance and who transferred to FTB when they turned 16 have ongoing eligibility under DVA’s education schemes. For these students who wish to return to the DVA Education Schemes for their tertiary studies, following a Services Australia clearance, payments will commence from the first payday in January in accordance with paragraph 2.4.1 of the Instruments

For students who were receiving FTB and wish to apply for a DVA education allowance (but have not previously applied for or been receiving a DVA education allowance) for their tertiary studies, payments will commence from the date the student actually commences their tertiary studies but can then be back dated from the first payday in January, provided the student meets all other eligibility criteria from 1 January. This is because the eligibility requirements for payment under paragraph 2.4.1 of the Instrument are not satisfied until the student actually commences study. However once the eligibility requirements under paragraph 2.4.1 of the Instrument are satisfied, payment can be back dated from 1 January in accordance with subparagraph 2.4.1(b). 

Delegates must also make a new decision on who receives the education allowance in accordance with Part 3 of the Instruments (see section 13.3.9 Who may an education allowance be paid to).

13.4.2.3 Date of Effect Rules – Continuing students

For continuing students in primary, secondary and tertiary education, education allowance may be paid continually beyond the last payday in December (or over the relevant holiday period) where it is clear that the student will continue full time studies in the next academic year.

A student's education allowance can only be cancelled where they have failed to provide proof of continuing study within a reasonable timeframe, following a written request for information from the delegate. Students who do not provide confirmation of enrolment no longer meet the eligibility requirements of the Schemes in as outlined in Part 2 of the Instruments. A formal decision must be issued if payments are cancelled under this part (see: Section 13.1.4 Decision making).

If a student's education allowance has been cancelled as they are no longer eligible under Part 2 of the Instruments, and evidence of ongoing study is later provided, the claim is treated as a new claim and a new claim form is required. Education allowance may then be reinstated in accordance with the commencement of assistance rules outlined in paragraph 2.4 of the Instruments, being the later of: 

• the first payday after the student meets the eligibility requirements of the Schemes; and 

• the first payday in January of the calendar year in which the claim is made. 

A formal decision must be issued if payments are commenced under this part (see: Section 13.1.4 Decision making).

13.4.2.1 Date of Effect Rules – change in circumstances

The following date of effect rules for VCES and MRCAETS apply for recipients who notify the Department of a change of event:

 Advance Notification

– Variation effective from the payday after event.

 Notification within 14 days (28 days if living in a remote area or overseas) of event

– Increase effective from the payday after event.

– Decrease/cancellation/suspension effective from the payday after receipt of notification.

 Notification outside 14 day (28 day if living in a remote area or overseas) notification period -

– Increase effective from the payday after receipt of notification.

– Decrease/cancellation/suspension effective from payday after event.

 Administrative delay –

– If an administrative delay occurs in processing the variation, the above rules apply and where applicable an overpayment raised. Consideration is to be given to a waiver under section 205 of the Veterans’ Entitlements Act 1986 in line with Chapter 2.8 of the Overpayment Management Manual or under section 429 of the Military Rehabilitation and Compensation Act 2004, upon request by the student or on the recommendation of the delegate raising the overpayment.

13.4.2.2 Date of Effect Rules – student reapplying for benefits after a break in study

A student may reapply for benefits after a break in study. This should be treated as a new claim for assistance, with a new claim form required. For the purposes of determining such claims, the date of commencement is calculated in accordance with paragraph 2.4 of the Instruments, being the later of: 

• the first payday after the student meets the eligibility requirements of the Schemes; or 

• the first payday in January of the calendar year in which the claim is made. 

A student reapplying after a break in study may have been accepted into a course of study some months prior to actually commencing full-time education. To ensure consistency in processing claims for students reapplying for benefits, a student is considered to be "undertaking" full-time study from the date they actually recommence their studies. The date they commence study is the date when the student meets the eligibility requirements for payment under subparagraph 2.4.1(c) of the Instruments.  

The date that payment will recommence and reasons for the date must be included in the decision letter (see section 13.1.4 Decision Making). 

13.4.2.4 Date of Effect Rules – Students eligible on medical grounds

In the case of students eligible on medical grounds per part 2.10.2 of the instruments, the date of effect of eligibility is from the first pension payday following the date of lodgement of the application for assistance.

13.4.4.5 Medical Certificates

Please refer to Section 13.2.5.1 for information on circumstances where a student is unable to study full-time due to a medical condition.

13.4.4.6 Ceasing Letters

Letters sent to secondary and tertiary students advising them their education allowance is to be ceased include a statement advising the student that they are no longer eligible for payments under VCES or MRCAETS, and advising the student to contact Services Australia about benefits (such as JobSeeker payment and Youth Allowance) if they require further financial assistance. 

A decision to cease payments must be made in accordance with Section 13.1.4 Decision Making. 

13.4.4.6 Commission considers that a student’s progress is unsatisfactory

Where a primary or secondary student’s progress is deemed unsatisfactory, a delegate may determine the student cease receiving benefits under the Scheme (Subsection 2.5.2 of the Instruments). 

Where a tertiary student aged 16 years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 (SSA) (if Part 2.11A had applied to the student), a delegate may determine that the student cease to receive benefits under the Scheme. The progress rules are outlined in section 569H of the SSA. A decision to cease payment must be made in accordance with section 13.1.4 Decision Making. 

Benefits may be restored under subsection 2.5.3 of the Instruments if the student resumes satisfactory progress, allowing regular payments to recommence. However, the student loses their entitlement to payments for the duration of the suspension, and no back pay is provided for this period. A decision to restore payment must be made in accordance with section 13.1.4 Decision Making.