Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 (50 of 2012)

Schedule 1   ETR payment

Part 1   ETR payment

Veterans' Entitlements Act 1986

23   After Part VIIG

Insert:

Part VIIH - ETR payment

Division 1 Eligibility in respect of eligible children Entitlements in respect of eligible children

118ZZVA Eligibility for ETR payment in respect of a child

(1) A person is eligible for an ETR payment if:

(a) the whole or part of an education allowance under:

(i) section 3.2, 3.3, 3.4, 3.6 or 3.6A of the scheme prepared under section 117; or

(ii) section 3.2, 3.3, 3.4 or 3.6 of the Military Rehabilitation and Compensation Act Education and Training Scheme;

was paid to the person in respect of a student; and

(b) the allowance was in respect of a period that included 8 May 2012; and

(c) the student was born on or after 1 January 1993; and

(d) on 8 May 2012, the student was undertaking primary or secondary education; and

(e) the allowance is payable in respect of the student in respect of 8 May 2012; and

(f) the person is not, for the purposes of the relevant scheme, an institution or person providing board to the student.

(2) A person (the eligible person ) is eligible for an ETR payment if:

(a) the whole or part of an education allowance under:

(i) section 3.4 of the scheme prepared under section 117; or

(ii) section 3.4 of the Military Rehabilitation and Compensation Act Education and Training Scheme;

was paid to a person (the recipient ) in respect of a student; and

(b) the allowance was in respect of a period that included 8 May 2012; and

(c) the student was born on or after 1 January 1993; and

(d) on 8 May 2012, the student was undertaking secondary education; and

(e) the allowance is payable in respect of the student in respect of 8 May 2012; and

(f) the recipient is, for the purposes of the relevant scheme, an institution or person providing board to the student; and

(g) the Commission determines that the eligible person is the most appropriate person to be eligible for an ETR payment under this section in respect of the student.

118ZZVB Children in respect of whom ETR payment is payable

If a person is eligible under section 118ZZVA for ETR payment, each of the following is an eligible child in relation to the person:

(a) if the person is eligible under subsection 118ZZVA(1) - the student, or each student, covered by paragraphs 118ZZVA(1)(a), (c), (d) and (e);

(b) if the person is eligible under subsection 118ZZVA(2) - the student, or each student, covered by paragraphs 118ZZVA(2)(a), (c), (d) and (e).

118ZZVC Amount of ETR payment

Add together the amounts applicable under this section for each eligible child

(1) The amount of ETR payment for a person who is eligible under section 118ZZVA is worked out by adding together the amounts applicable under this section for each eligible child.

General rule

(2) Subject to this section, the amount applicable for an eligible child is:

(a) for an eligible child undertaking primary education on 8 May 2012 - $409; and

(b) for an eligible child undertaking secondary education on 8 May 2012 - $818.

Reduced amount for part of education allowance

(3) If:

(a) section 118ZZVA applies in circumstances where the person was paid a part (the applicable part ) of the allowance concerned in relation to an eligible child; and

(b) that person or another person was paid another part of the allowance concerned in relation to the eligible child;

the amount applicable for the eligible child is worked out as follows:

(Amount of applicable part / Amount of allowance concerned) x Relevant amount

where:

relevant amount means:

(a) for an eligible child undertaking primary education on 8 May 2012 - $409; and

(b) for an eligible child undertaking secondary education on 8 May 2012 - $818.

Division 2 Other eligibility for ETR payment

118ZZVD Eligibility for ETR payment

A person is eligible for an ETR payment if:

(a) an education allowance under:

(i) section 3.3, 3.4, 3.6 or 3.6A of the scheme prepared under section 117; or

(ii) 3.3, 3.4 or 3.6 of the Military Rehabilitation and Compensation Act Education and Training Scheme;

was paid to the person as a student; and

(b) the allowance was in respect of a period that included 8 May 2012; and

(c) the person was born on or after 1 January 1993; and

(d) on 8 May 2012, the person was undertaking secondary education; and

(e) the allowance is payable in respect of the person in respect of 8 May 2012.

118ZZVE Amount of ETR payment

The amount of ETR payment for a person who is eligible under section 118ZZVD is $818.

Division 3 General

118ZZVF General rules

More than one entitlement under this Part

(1) If an ETR payment under Division 1 in relation to an eligible child (see section 118ZZVB) is paid to a person, no ETR payment under Division 2 can be paid to the eligible child.

(2) If an ETR payment under Division 1 in relation to an eligible child (see section 118ZZVB) is paid to a person, no further ETR payment under that Division in relation to that eligible child can be paid to the person.

(3) If an ETR payment under Division 2 is paid to a person (the recipient ), no ETR payment under Division 1 can be paid to another person in relation to the recipient.

(4) If an ETR payment under Division 2 is paid to a person, no further ETR payment under that Division can be paid to the person.

More than one entitlement under this Part and family assistance

(5) If an ETR payment under Division 1 of Part 7A of the Family Assistance Act in relation to a child is paid to a person, no ETR payment under this Part can be paid:

(a) to the person in relation to the same child; or

(b) to the child.

118ZZVG Claim not required for ETR payment

A claim is not required for an ETR payment under this Part.

118ZZVH Payment of ETR payment

If an individual is eligible for ETR payment under this Part, the Commission must pay the payment to the individual in a single lump sum:

(a) on the date that the Commission considers to be the earliest date on which it is reasonably practicable for the payment to be made; and

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

118ZZVI Debts arising in respect of ETR payment

(1) This section applies in relation to an individual who has been paid an ETR payment (the relevant payment ) under this Part.

(2) If the individual was eligible for the relevant payment because of subparagraph 118ZZVA(1)(a)(i) or (2)(a)(i) or 118ZZVD(a)(i), a relevant determination is a determination made under paragraph 8.1 of the scheme prepared under section 117.

(3) If the individual was eligible for the relevant payment because of subparagraph 118ZZVA(1)(a)(ii) or (2)(a)(ii) or 118ZZVD(a)(ii), a relevant determination is a determination made under paragraph 8.1 of the Military Rehabilitation and Compensation Act Education and Training Scheme.

(4) If:

(a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 8 May 2012 is or was (however described) changed, revoked, set aside or superseded by another determination; and

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

(c) had the change, revocation, setting aside or superseding occurred on or before the day the relevant payment was paid, the relevant payment would not have been made;

the amount of the relevant payment is a debt due to the Commonwealth by the individual.

(5) If:

(a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 8 May 2012, is or was (however described) changed, revoked, set aside or superseded by another determination; and

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

(c) had the change, revocation, setting aside or superseding occurred on or before the day the relevant payment was paid, the relevant payment would have been reduced;

the amount by which the relevant payment would have been reduced is a debt due to the Commonwealth by the individual.

(6) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.

(7) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).