Veterans' Entitlements Determination (Veterans' Children Education Scheme eligible child) 2000 (Cth)

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Veterans’ Entitlements Determination (Veterans' Children Education Scheme - eligible child) 2000

Instrument 2000 No. 27 as amended

made under the

Veterans' Entitlements Act 1986

This compilation was prepared on 29 June 2005

taking into account amendments up to LI 2002 No. 4

Prepared by the Legal Services Group,

Department of Veterans' Affairs, Canberra


REPATRIATION COMMISSION

Veterans’ Entitlements Act 1986

Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000

Instrument No. 27/2000

The Repatriation Commission makes this Determination under subsection 116A(1) of the Veterans’ Entitlements Act 1986.

Dated   8 December   2000

Neil Johnston
PRESIDENT
Brian Flynn
A/g DEPUTY PRESIDENT
Paul Stevens
COMMISSIONER

Repatriation Commission

_________________________________________________________


Part 1        Introduction

1.1Name of Determination

This Determination is the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000.

1.2Commencement

This Determination commences on 1 January 2001.

1.3Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

appropriately qualified professional means a person who is:

a)a medical practitioner (general practitioner or specialist); or

b)a psychologist who has full registration as a psychologist in the State or Territory in which they practice; or

c)a social worker who has completed a 4 year recognised degree and has eligibility for membership of the Australian Association of Social Workers.

child has the same meaning as in subsection 5F(1) of the Act.

child of a veteran has the same meaning as in section 10 of the Act.

veteran means a person as defined in paragraph (a) of the definition of veteran in subsection 5C (1) of the Act.

Vietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by the veteran in Vietnam.


1.4  Purpose

In Part VII of the Act, section 116 defines an eligible child for the purposes of the Veterans' Children Education Scheme. Subsection 116A(1) of the Act provides the "Commission may, in writing, determine a class of persons for the purposes of paragraph (e) of the definition of eligible child of a veteran in subsection 116(1)." The purpose of this Determination is to determine that class of persons.

Part 2      Class of Persons

2.1    Class of Persons

A class of persons for the purposes of paragraph 116(1)(e) of the definition of eligible child of a veteran comprises a person:

a)        who is a child; and

b)        who is or has been a child of a veteran with Vietnam service; and:

c)        who either:

i)      is diagnosed by an appropriately qualified professional as having a depressive disorder, or

ii)     in the opinion of an appropriately qualified professional, is vulnerable, or

iii)      is making the transition to tertiary study and who is academically able to complete an undergraduate degree (or similar tertiary course of study) and whose familial circumstances are such that the child may require additional financial assistance.

____________________________________________________

Repatriation Commission

Notes to the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000

Note 1

The Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprise Legislative Instruments 2000 No.27 amended as indicated in the Tables below.

Table of Legislative Instruments

Year and
number

Date of registration

Date of
commencement

Application, saving or
transitional provisions

2000 No. 27 19 April 2005 1 January 2001
2002 No.4 8 April 2005 24 April 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Para.2.1 am. 2002 No. 4
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