13.1.4 Decision Making

13.1.4 Decision Making

The following decisions are a formal decision point which must be made by a delegate with appropriate authority:

• whether a person is an eligible child of a veteran under subsection 116C(1) of the VEA

• whether a person is an eligible grandchild of a Vietnam veteran under subsection 116CC(1) of the VEA

• whether a person is eligible for payment of education allowance under the VCES or MRCAETS instruments 

• who receives payment under paragraphs 3.2.3, 3.3.4, 3.4.2 and 3.5.2 of the Instruments (including any change in who receives payment) 

• the rate of education allowance under part 3 of the Instruments (including any change in the rate of payment) 

• whether a student receives a scholarship under Part 7 of the Instrument

• whether a student receives fares allowance, additional tuition, special assistance or rent assistance under Part 5 of the Instrument

• the decision to cease payment of fares allowance or rent assistance under Part 5 of the Instrument

• ceasing payment due to unsatisfactory progress under paragraph 2.5.2 of the Instruments 

• reinstating payment under paragraph 2.5.3 of the instrument where a student has resumed satisfactory progress. 

If a delegate decides to vary the rate of education allowance under part 3 of the Instruments, then the delegate must also make a new decision on who receives the payment under paragraph 3.2.3, 3.3.4, 3.4.2 or 3.5.2 of the Instruments. 

Prior to making a decision, the person must be informed of the intent to make the decision and provided with a reasonable opportunity to respond. Any response that is provided by the person must be taken into account. The decision must be recorded in accordance with DVA’s Information Governance Framework and Record Management Policies to ensure transparency and accountability for any decisions made by a DVA delegate. The decision must be provided to the individual in writing, along with the reasons for the decision and information on their appeal rights (see section 13.1.5 Review of Decisions).