Commonwealth Numbered Acts

VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 164 of 1994 - SECT 39

39. After Part VII of the Principal Act the following Part is inserted:
                "PART VIIAA-EDUCATION ENTRY PAYMENT
Eligibility

"118AA. A person is eligible for an education entry payment under this section
if:

   (a)  the person is receiving:

        (i)    a partner service pension; or

        (ii)   a carer service pension; and

   (b)  the person has not reached pension age; and

   (c)  the person is qualified, or if he or she were not in receipt of
        financial supplement under the Student Financial Supplement Scheme
        would be qualified, to receive pensioner education supplement under
        the AUSTUDY scheme; and

   (d)  either:

        (i)    the Commission is satisfied that the person intends to enrol in
               a full-time or part-time course of education that is an
               approved course under the AUSTUDY scheme; or

        (ii)   the person is enrolled in such a course; and

   (e)  the person has not received a payment under this Part for which he or
        she made a claim in the current calendar year.

Need for a claim

"118AAB.(1) A person who wants to be granted an education entry payment must
make a claim for the payment:

   (a)  in writing; and

   (b)  in a form approved by the Commission.



"(2) A claim may be withdrawn (either orally or in writing) at any time before
it is determined.



"(3) A claim that is withdrawn is taken not to have been made.

Entitlement to and amount of payment

"118AAC.(1) An education entry payment is payable to the person if, after
considering the claim, the Commission determines that the claim is to be
granted.



"(2) The amount of an education entry payment is $200.

Payment to be refunded

"118AAD. If:

   (a)  the Commission determined that a claim for education entry payment was
        to be granted to a person because the Commission was satisfied that
        the person intended to enrol in a course referred to in subparagraph
        118AA(d)(i); and

   (b)  an amount of education entry payment was paid to the person; and

   (c)  subsequently the person is not enrolled in the course; the person must
        repay to the Commonwealth the amount of the payment.".