13.2.6.1 Mutually Exclusive Payments
‘Educational assistance’ and ‘income support’ are not defined under the Instruments.
‘Income support payment’ is defined in s 23 of the Social Security Act 1991 and means a payment of:
13.2.5.2 Minimum Duration of a Course of Study
There is no legislated minimum duration for a course of study conducted by an approved institution.
A course of study includes any course included in Section 10 of the Student Assistance (Education Institutions and Courses) Determination 2009 (No.2) (November 2009). Further, in alignment with Services Australia guidelines:
13.2.5.1 Part Time Study
See paragraph 2.7.2 of the Instruments
A student undertaking part time study may be deemed to be studying full time under the Schemes where:
(a) the Commission is satisfied that the amount of study that the student must complete in order to finish a course constitutes less than one year full-time study; or
13.2.2.1 Who is a Dependant under MRCAETS
Unlike under the VCES, all students must be a dependant of an eligible ADF member, former member or deceased member to be eligible for MRCAETS benefits.
Under the VEA, only children who are not the biological or adoptive child of the eligible veteran must prove dependency to receive benefits.
13.2.1.3 Eligibility for dependent children of Defence members covered under SRCA, or severely injured or killed in the Black Hawk Helicopter Accident
Section 118(2) of the VEA states that "The Commission may provide guidance and counselling services under the scheme for such other people as the Minister determines in writing."
13.2.1.2 Eligibility for children of Vietnam veterans assessed as ‘vulnerable’
A student who is the child of an Australian Vietnam veteran (or who is or has been dependent on an Australian Vietnam veteran) but who does not qualify under any of the above criteria may be eligible in certain circumstances if they are considered to be ‘vulnerable’. The student will need to be assessed by an appropriately qualified professional and will need to be approved as ‘an eligible child’ by the Repatriation Commission.
13.2.1.1 Who is a ‘child’ under the VEA?
An ‘eligible child’ under s 116 of the VEA, must be the child of a veteran or a present or past member of the ADF.
Section 10(1) of the VEA defines a child of a veteran or other person as:
(a) a child of the veteran or an adopted child of the veteran; or
13.11.8 Meetings
See paragraph 6.8 of the Instruments
Boards shall meet at least four times in each calendar year.
13.11.7 Chairperson
See paragraph 6.7 of the Instruments
At the first meeting in each calendar year the members of each Board shall elect one of their members to be the Chairperson and another to be the Deputy Chairperson, of the relevant Board.
13.11.6 Exercise of functions by a sub-committee
See paragraph 6.6 of the Instruments
A sub-committee of a Board may consist of one or more members and may exercise such functions as the Board determines.
