Military Rehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Determination 2013 (No. MRCC 10) (Cth)

Military Rehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Determination 2013

Military Rehabilitation and Compensation Act 2004

Instrument 2013 No. MRCC 10

I, Warren Snowdon, Minister for Veterans’ Affairs, pursuant to subsection 258(5) of the Military Rehabilitation and Compensation Act 2004, approve this instrument made by the delegates of the Military Rehabilitation and Compensation Commission.

Dated this     fifth             day of         February                      2013

.Warren Snowdon...……….............................................

WARREN SNOWDON

The delegates of the Military Rehabilitation and Compensation Commission, pursuant to subsection 258(4) of the Military Rehabilitation and Compensation Act 2004, vary the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (Instrument 2004 No. M4 as amended) in accordance with the Schedule.

Dated this    24th              day of           January          2013

The Seal of the   )
Military Rehabilitation   )

and Compensation Commission            )SEAL

was affixed hereto in the   )

presence of:   )

Ian Campbell                   Shane Carmody        Major General Mark Kelly
…………………………………………………………………………………………..

IAN CAMPBELL               SHANE CARMODY        MAJOR GENERAL MARK KELLY

 PSM   AO DSC

CHAIR and DELEGATE    MEMBER and DELEGATE                  MEMBER and DELEGATE

1.         Name of instrument

This instrument is the MilitaryRehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Determination 2013.

2.         Commencement

This Instrument commences, or is taken to have commenced, when the Social Security and Other Legislation Amendment (Income Support Bonus) Act 2013 commences.

Note: the Social Security and Other Legislation Amendment (Income Support Bonus) Act 2013 commences on Royal Assent.

Schedule

3.  Paragraph 1.2.1

insert:

income support bonus means the payment of that name in Part 3B.

income support bonus test day means:

(a) 20 March 2013; and

(b) 20 September 2013; and

(c) each later 20 March; and

(d) each later 20 September.

4.  Part 3A

after this Part insert:

PART 3B – INCOME SUPPORT BONUS

3B.1.1 Eligibility for Income Support Bonus

3B.1.2 A person is eligible for an income support bonus on a income support bonus test day if:

(a) the person has attained the age of 16 years and is receiving, in respect of that day, an education allowance under paragraph  3.3, 3.4, 3.5, 3.6 of the Scheme; or

(b) the person has not attained the age of 16 years but is receiving, in respect of that day, an education allowance under paragraph  3.4, 3.5, 3.6 of the Scheme.

3B.2    One income support bonus only in respect of an income support bonus test day

3B.2.1 A person cannot receive more than one payment of an income support bonus in respect of an income support bonus test day regardless of how many times the person is eligible for the bonus on that day.

3B.3    Amount of income support bonus

3B.3.1 The amount of a person’s income support bonus is the amount of $105 on an income support bonus test day.

Note 1:       The amount specified is indexed twice a year in line with CPI increases (see paragraphs 3B.4 and 3B.5

3B.4    Income Support Bonus to be indexed or adjusted

3B.4.1 The income support bonus is to be indexed or adjusted as if it is the payment described as “income support bonus” in item 71 of the table in section 1190 of the Social Security Act 1991.

3B.5    CPI indexation of income support bonus

3B.5.1 The income support bonus is indexed as if it is the payment described as income support bonus in item 43 of the table in subsection 1191(1) of the Social Security Act 1991.

3B.5.2  If an income support bonus is to be indexed on an indexation day, as if it was the payment described as income support bonus under the Social Security Act 1991, this Scheme has effect as if the indexed amount were substituted for the income support bonus on that day.

3B.5.3 The indexed amount of the income support bonus is to be worked out under section 1192 of the Social Security Act 1991 as if it was the payment described as income support bonus under the Social Security Act 1991.

3B.6    No claim necessary

3B.6.1 A claim is not required for an income support bonus.

3B.7    Payment of income support bonus

3B.7.1  If a person is eligible for an income support bonus on an income support bonus test day, the Commission must direct that the bonus be paid for the person in a single lump sum:

(a)  on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the bonus to be paid; and

(b)  in such manner as the Commission considers appropriate.

3B.7.2 Payment of the income support bonus for a person who is eligible for the bonus (eligible person) is to be made to the person to whom the education allowance for the eligible person under Part 3 is payable except that if the education allowance is payable to an institution or to a person providing board to the eligible person, the income support bonus  is payable to the person to whom the education allowance for the eligible person would be payable if payment of the education allowance to an institution or to a person providing board to the eligible person was not an option.

Note: the person receiving the bonus for the eligible person could be the eligible person’s parent, a person approved by the Commission or the eligible person.

3B.8          Debts arising in respect of income support bonus

3B.8.1       If:

(a)  a person is paid an income support bonus; and

(b)  after the bonus is paid, a determination under the Scheme in relation to the person, at least so far as it relates to the income support bonus test day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

(c)  the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and

(e)  had the event happened on or before the day the bonus was paid, the bonus would not have been paid;

the amount of the bonus is a debt due to the Commonwealth by the person.

3B.8.2 The other provisions of the Act under which debts arise do not apply in relation to an income support bonus.