EXPLANATORY NOTE

Veterans’ Entitlements Act 1986

Section 116A

Veterans' Entitlements (Veterans’ Children Education Scheme - Eligible Child) Amendment Determination 4/2002.

background

•      the Veterans' Children Education Scheme (VCES) is made under section 117 of the Veterans' Entitlements Act 1986 (Act).  Its purpose is to enable veterans' children to receive financial assistance to help with their education.

•      in order to be eligible for assistance under the VCES a child must be an

 eligible child.

•      there are a number of ways in which a child can be an eligible child.  One  

 way is for the Repatriation Commission to determine a class of eligible  children (section 116A of the Act) and then determine that a person falls              

 within that class (section 116C of the Act).  The person is then an eligible  

 child (paragraph 116(1)(e) of the Act).

the attached Instrument

•      the attached Determination varies a previous Determination to include a  

 new class of eligible child for the purposes of the VCES.  An appropriate

 extract from the previous Determination is attached.

•      the new class is comprised of children of Vietnam veterans, being children  

 who are needy, who are in the process of undertaking tertiary studies and  

 who are capable of successfully completing those studies.

benefits

•      a child who is an eligible child by virtue of the attached Determination  alone will not be entitled to the full range of VCES benefits but only to              

 the benefit known as the Long Tan Bursary if the relevant conditions are  

 met.  This qualification on entitlement and the relevant conditions are set  

 out in the VCES.

 __________________________________________________

 Repatriation Commission

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.

 ____________________________________________________

 Repatriation Commission