Statutory Rules 1981 No. 271
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Military Financial Regulations2 (Amendment)
I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated 24 February 1981.
KEVIN NEWMAN
Minister of State for Administrative Services for and on behalf of the
Minister of State for Defence
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Education Allowance
1. Regulation 131 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2a) “1435” and substituting “1630”;
(b) by omitting from paragraph (b) of sub-regulation (2a) “610” and substituting “660”;
(c) by omitting from paragraph (b) of sub-regulation (2a) “1715” and substituting “2055”;
(d) by omitting from paragraph (c) of sub-regulation (2a) “800” and substituting “820”;
(e) by omitting from sub-regulation (2b) “115” and substituting “145”;
(f) by omitting from sub-regulation (2b) “1605” and substituting “1725”; and
(g) by inserting after sub-regulation (6) the following sub-regulation:
“(7) Where, under this regulation, education allowance is payable to a member or has been paid to a member is respect of the attendance in a school term of a child at a school and during that school term—
(a) that child has ceased to reside—
(i) at the secondary school;
(ii) at a guest house, hostel or other commercial boarding establishment; or
(iii) at a place other than a school or boarding house of a kind referred to in paragraph (2a) (a) or (2a) (b),
as the case may be, in relation to which the education allowance is or was so payable;
(b) that child has so ceased to reside for—
(i) Service reasons; or
(ii) medical or other reasons of a compassionate nature;
(c) that member was liable to pay and has paid, or is liable to pay, fees or charges in relation to which education allowance would have been payable under this regulation if the child had so resided; and
(d) that member is not entitled to receive a rebate or a refund of part or all of those fees or charges in respect of that school term or part of that school term,
that child shall, for the purposes of this regulation, be deemed to have attended that school and to have continued to have resided at the place referred to in sub-paragraph (a) (i), (a) (ii), or (a) (iii), as the case may be, during that school term or that part of that school term to which the fees or charges referred to in paragraph (c) relate.”.
Child education allowance
2. Regulation 159 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2a) “1435” and substituting “1630”;
(b) by omitting from paragraph (b) of sub-regulation (2a) “610” and substituting “660”;
(c) by omitting from paragraph (b) of sub-regulation (2a) “1715” and substituting “2055”;
(d) by omitting from paragraph (c) of sub-regulation (2a) “800” and substituting “820”;
(e) by omitting from sub-regulation (2b) “115” and substituting “145”;
(f) by omitting from sub-regulation (2b) “1605” and substituting “1725”; and
(g) by inserting after sub-regulation (9) the following sub-regulation:
“(9a) Where, under this regulation, child education allowance is payable to a member or has been paid to a member in respect of the attendance in a school term of a child at a school and during that school term—
(a) that child has ceased to reside—
(i) at the school;
(ii) at a guest house, hostel or other commercial boarding establishment; or
(iii) at a place other than a school or boarding house of a kind referred to in paragraph (2a) (a) or (2a) (b),
as the case may be, in relation to which the child education allowance is or was so payable;
(b) that child has so ceased to reside for—
(i) Service reasons; or
(ii) medical or other reasons of a compassionate nature;
(c) that member was liable to pay and has paid, or is liable to pay, fees or charges in relation to which child education allowance would have been payable under this regulation if the child had so resided; and
(d) that member is not entitled to receive a rebate or a refund of part or all of those fees or charges in respect of that school term or part of that school term,
that child shall, for the purposes of this regulation, be deemed to have attended that school and to have continued to have resided, at the place referred to in sub-paragraph (a) (i), (a) (ii) or (a) (iii), as the case may be, during that school term or that part of that school term to which the fees or charges referred to in paragraph (c) relate.”.
Application
3. Education allowance is payable in accordance with the provisions of regulation 131 of the Military Financial Regulations as amended by paragraphs (a), (c), (d) and (f) of clause 1 in respect of the attendance of a child at a secondary school during the year that commenced on 1 January 1980 and during any subsequent year.
4. Child education allowance is payable in accordance with the provisions of regulation 159 of the Military Financial Regulations as amended by paragraphs (a), (c), (d) and (f) of clause 2 in respect of the attendance of a child at a school during the year that commenced on 1 January 1980 and during any subsequent year.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 4 March 1981.
2. Statutory Rules 1966 No. 35 as amended by Statutory Rules 1966 Nos. 58, 87, 129 and 151; 1967 Nos. 24, 34, 111, 145 and 163; 1968 Nos. 49, 50, 62, 63, 111 and 154; 1969 Nos. 6, 15, 53, 67, 97, 112, 118, 131, 132, 169 and 198; 1970 Nos. 5, 46, 76, 102, 133, 157, 175, 192 and 209; 1971 Nos. 8, 45, 79, 98, 118, 131, 155 and 164; 1972 Nos. 25, 80, 127, 135, 145 and 197; 1973 Nos. 88, 160, 171, 204 and 255; 1974 Nos. 90, 159, 201 and 256; 1975 No. 39; 1976 Nos. 5, 7, 11, 58, 66, 80, 102, 108, 135, 205, 238, 240 and 245; 1977 Nos. 3, 13, 36, 90, 102, 140, 141 and 239; 1978 Nos. 22, 60, 69, 76, 87, 207, 224, 226, 234, 235 and 236; 1979 Nos. 7, 27, 47, 85, 128, 131, 137, 153, 241, 258, 266, 302 and 309; 1980 Nos. 30, 33, 45, 46, 47, 56, 57, 130, 156, 157, 158, 159, 160, 175, 220, 222, 238, 251, 283, 304, 316, 352 and 367.