Document ID: chunk:federal_register_of_legislation:F2004C00321:body:0:p1
Version: federal_register_of_legislation:F2004C00321
Segment Type: other
Provision Reference: 
Character Range: 0–2852

Veterans' Entitlements (Rehabilitation Allowance) Regulations

Statutory Rules 1994 No. 107 as amended

made under the

Veterans' Entitlements Act 1986

This compilation was prepared on 2 October 1998
taking into account amendments up to SR 1997 No. 173

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents

 1 Citation [see Note 1]
 2 Commencement
 3 Purpose
 4 Interpretation
 5 Who is eligible?
 6 Application not required
 7 Assessment by Commission
 8 Amount of assistance
 9 Notice of Commission's decision
 10 Review of decisions
 11 Cessation of operation

Notes

1 Citation [see Note 1]

  These Regulations may be cited as the Veterans' Entitlements (Rehabilitation Allowance) Regulations.

2 Commencement

  These Regulations commence on 28 April 1994.

3 Purpose

  The purpose of these Regulations is:
 (a) to prescribe as circumstances in which the Commission may exercise its discretion, conferred by section 106 of the Act, to grant special assistance to a veteran or his or her dependants certain circumstances in which the veteran undertakes a program of vocational rehabilitation, and as a result he or she is, or his or her dependants are, financially disadvantaged; and
 (b) to prescribe the conditions subject to which the special assistance referred to in paragraph (a) may be granted.

4 Interpretation

  In these Regulations, unless the contrary intention appears:
income means income of all kinds, including maintenance income.
the Act means the Veterans' Entitlements Act 1986.

5 Who is eligible?

  A person is eligible to receive special assistance, called rehabilitation allowance, if he or she is:
 (a) a veteran who:
 (i) receives:
 (A) a disability pension under section 23, 24 or 25 of the Act; or
 (B) an invalidity service pension under section 37 of the Act; and
 (ii) has undertaken a program of vocational rehabilitation approved by the Commission; or
 (b) a dependant of a veteran referred to in paragraph (a);
and his or her income has been reduced because he or she, or the veteran on whom he or she is dependent, became ineligible for payment of a pension, or eligible only for payment at a lower rate, as a result of undertaking the program.

6 Application not required

  The Commission must not require a person eligible to receive rehabilitation allowance to make any application.

7 Assessment by Commission

  The Commission must assess the circumstances of a person referred to in regulation 5 and must work out how much the person's income was reduced because he or she, or the veteran on whom he or she is dependent, became ineligible for payment of a pension or allowance, or eligible only for payment at a lower rate, as a result of undertaking the program of rehabilitation.

8 Amount of assistance

 (1) Subject to this regulation,