13.4.2 Date of effect rules
The date of commencement of assistance 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 ; and
- to the first payday in January of the calendar year in which the claim is made for an eligible child.
Under paragraph 2.4.1 of the Instruments, the date of commencement of assistance can never be earlier than the first payday of the current year in which an application is made. However, it can be later where the student became eligible during the year where the application was made. depending on the date of effect of the grant of pension, acceptance of death etc., and when the child commenced full-time education.
For example, where a claim for a student is dependent on the veteran parent's claim for disability compensation payment, and the disability compensation payment claim is delayed due to administrative delays/appeals for the claim, the student's claim may still only be backdated to the current year the decision for disability compensation payment was granted, and not to the date of effect of the grant of the pension, should it be earlier.
The date of commencement of payment must be included in the decision letter with the reasons for the decision (see: section 13.1.4 Decision Making).
Case Study: A full-time student's veteran parent became eligible for a Special Rate Disability Pension from 4 December 2013 and subsequently, on 31 December 2013, lodged a claim under MRCAETS in respect of that student.
The student was assessed as eligible for benefits and the first MRCAETS payment was made on the "first payday" after 4 December 2013.
In early 2014 the veteran’s pension commencement date was reviewed and backdated to 31 August 2012. Therefore the student was potentially eligible for the Schemes’ benefits from 31 August 2012.
However, because the MRCAETS claim was received in December 2013 it was only possible to backdate payment of the Schemes’ benefits to the first payday after 1 January 2013.