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9.5.4.3.1 Date of effect rules

The date of commencement of assistance is calculated as the later of:

  • the first payday after the student meets the eligibility requirements of the MRCAETS; and
  • to the first payday in January of the calendar year in which the claim is made for an eligible child.

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 a compensation payment (such as the Special Rate Disability Pension), and the 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 the 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. 

9.5.4.3.2 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 Scheme. A formal decision must be issued if payments are cancelled.

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.

9.5.4.3.3 Date of Effect Rules – change in circumstances

The following date of effect rules for 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 429 of the MRCA, upon request by the student or on the recommendation of the delegate raising the overpayment.

9.5.4.3.4 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 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 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.

9.5.4.3.5 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.