Document ID: chunk:federal_register_of_legislation:F2015L00068:front:0:p7
Version: federal_register_of_legislation:F2015L00068
Segment Type: other
Provision Reference: 
Character Range: 18277–21223

with any assistance under the Scheme to give a written undertaking to comply with the conditions set out in the Scheme.

2.4.6  Compliance with the Scheme
2.4.6 The conditions set out in the Scheme must be complied with notwithstanding that a written undertaking has not been given in accordance with paragraph 2.4.5.

2.5 Failure to comply with provisions of the Scheme

2.5.1  Disqualification from receiving assistance under the Scheme
2.5.1 Where a veteran has failed, without reasonable excuse, to comply with a provision of the Scheme, the veteran shall be disqualified from receiving any assistance under the Scheme for a period of ten years from the time of the failure to comply.

PART 3 — ELIGIBILITY

3.1 Eligibility

3.1.1 A veteran is eligible for assistance under this Scheme only if the Commission is satisfied that the veteran is:

(a) an eligible veteran; and
     (b) the veteran can derive benefit from assistance under the               Scheme.

Note: Whether a veteran can "derive benefit" is determined under paragraph 3.2.1, 3.2.2 or 3.2.3 of the Scheme.

3.2 Capacity to derive benefit from assistance

3.2.1  Criteria to "derive benefit" if veteran can drive
3.2.1 For the purposes of determining an application for financial assistance towards an initial motor vehicle or a replacement motor vehicle, if an eligible veteran can personally drive the motor vehicle, the Commission will be satisfied that the veteran can derive benefit from assistance under the Scheme only if the veteran:

 (a) will benefit directly from using the motor                               vehicle; and
 (b) holds a valid driver's licence; and
     (c) will be able to drive the motor vehicle in  reasonable               comfort and safety; and
 (d) will drive the motor vehicle regularly.

3.2.2  Criteria to "derive benefit" for initial grant if veteran cannot drive
3.2.2 For the purposes of determining an application for financial assistance towards an initial motor vehicle, if an eligible veteran cannot personally drive the motor vehicle, the Commission will be satisfied that the veteran can derive benefit from assistance under the Scheme only if:
     (a) the veteran has a partner or carer who:
          (i) holds a valid driver's licence; and
          (ii) is willing and able to drive the motor  vehicle; and
          (b) the veteran is capable of being readily transported  in the               motor vehicle; and
          (c) the veteran will be transported in the motor  vehicle  regularly by the person referred to in subparagraph (a).

3.2.3  Criteria to "derive benefit" for a replacement motor vehicle if veteran cannot drive
3.2.3 For the purposes of determining an application for financial assistance towards a replacement motor vehicle, if an eligible veteran cannot personally drive the motor vehicle the Commission will be satisfied that the veteran can derive benefit from assistance under the Scheme