EXPLANATORY STATEMENT
Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006
EMPOWERING PROVISION
Section 116A of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
To determine a class of persons for the purposes of paragraph (e) of the definition of “eligible child” of a veteran in subsection 116(1) of the Act.
A person within the class is eligible for benefits under the Veterans’ Children Education Scheme (VCES). Under the VCES eligible children receive a range of financial benefits to assist with their primary, secondary and tertiary education.
The class of eligible children is comprised of:
1. current or former children of Vietnam veterans where the child or former child is diagnosed by an appropriately qualified professional as suffering from a depressive disorder;
2. current or former children of Vietnam veterans where the child or former child is considered by an appropriately qualified professional to be vulnerable;
3. current or former children of Vietnam veterans where the child or former child is making the transition to tertiary study and needs financial assistance to undertake that study.
Children and former children of Vietnam veterans are more at risk of self-harm than children in the community generally. In 2000 the Australian Government decided that one initiative to address this issue would be to make available to such children and former children the support and guidance under the VCES.
Under subsection 5F(1) of the Act a child is defined as a person who has not turned 16 years or, if in full time study, has turned 16 years but not 25 years. A child aged 16 years or over or aged 25 years or over, depending on the circumstances, is a former child.
Paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act enables a class of “person”, as distinct from a class of “child”, to be determined to be eligible for the VCES thereby avoiding the age restriction on a “child”. Accordingly persons who are former children of Vietnam veterans, being former children aged 16 years or over (not in full-time education) or aged 25 years or over) may be determined to be eligible for the VCES.
The class of eligible child determined in the attached instrument was, essentially, determined in the instrument revoked by the attached instrument however it was considered that the revoked instrument was unclear as to whether it applied to former children of Vietnam veterans. The attached instrument makes it clear that former children are covered.
Although the attached instrument makes certain children eligible for VCES benefits, the actual type of benefit the child is entitled to receive is governed by the VCES.
A child who is described in item 3. above (making the transition…) is only entitled to the VCES benefit known as the Long Tan Bursary. The child is not entitled to any other VCES benefits unless eligibility for VCES benefits arises other than because the child is in item 3 (paragraph 2.1(c) of the Determination).
In other words, to be entitled to all VCES benefits a child in item 3. must either fall within items 1 and 2 above (paragraphs 2.1 (a) and (b) of the attached Determination) or be an eligible child by virtue of a criterion in the definition of “eligible child of a veteran” in subsection 116(1) of the Act other than the criterion in paragraph (e) of that definition.
RETROSPECTIVITY
None. The Instrument commences on the day after registration on the Federal Register of Legislative Instruments.
CONSULTATION
The Rule-Maker (Repatriation Commission) decided that the only consultation that was appropriate in respect of the attached Determination was consultation between the Department of Veterans’ Affairs and the Australian Veterans' Children Assistance Trust. The Commission decided that consultation with clients was not necessary because the Determination is beneficial in nature.
Further details of the Determination are at Attachment A.
ATTACHMENT A
Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006
Part 1
1.1 sets out the name of the Determination - the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No.R26/2006.
1.2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
1.3 revokes the virtually identical determination which was unclear as to whether former children of Vietnam veterans were covered. The revoked determination was the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (as amended by the Veterans' Entitlements (Veterans’ Children Education Scheme - Eligible Child) Amendment Determination 4/2002).
1.4 ensures that a person who had current VCES eligibility under the revoked Determination (see 1.3 above) continues to have that eligibility as if it were derived from the attached Determination.
1.5 sets out definitions.
1.6 states the purpose of the Determination, namely to determine a class of persons who will be eligible for VCES benefits.
Part 2
2.1 describes the class of person of which a member is eligible for VCES benefits under the attached Determination. The class is comprised of children or former children of Vietnam veterans being children who are:
- diagnosed by an appropriately qualifed professional (eg medical practitioner, social worker) as having a depressive disorder; or
- considered to be vulnerable by an appropriately qualifed professional (eg medical practitioner, social worker); or
- making the transition to tertiary study and who are academically able to complete an undergraduate degree (or similar tertiary course of study) and whose familial circumstances are such that the person may require additional financial assistance.