Document ID: chunk:federal_register_of_legislation:F2004C00321:body:0:p2
Version: federal_register_of_legislation:F2004C00321
Segment Type: other
Provision Reference: 
Character Range: 2612–5311

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, the Commission is to decide the amount of rehabilitation allowance to be paid to a person.

 (2) In deciding what amount is to be paid to a person, the Commission must take into account all relevant considerations, including but not limited to:
 (a) the type of pension, or combination of pensions, payable to the person, or to the veteran on whom he or she is dependent; and
 (b) the family circumstances of the person; and
 (c) if the person is a veteran — earnings from his or her remunerative activity (if any); and
 (d) if the person is a dependant of a veteran — any changes in the earnings of the person.

 (3) The Commission must not pay to a person under these Regulations an amount greater than

A – B
where:
A is the total amount of pension, allowances and benefits payable under the Act to the person before he or she, or the veteran on whom he or she is dependent, undertook the program of rehabilitation; and
B is the total amount of pension, allowances and benefits payable under the Act to the person after he or she, or the veteran on whom he or she is dependent, undertook the program of rehabilitation.

9 Notice of Commission's decision

 (1) The Commission must give written notice of its decision under regulation 8 to the person to whom the rehabilitation allowance is payable.

 (2) A notice under subregulation (1) must include:
 (a) a copy of the Commission's calculations; and
 (b) the reasons for the Commission's decision.

 (3) The Commission must give written notice of its decision under subparagraph 5 (a) (ii) to the veteran who has undertaken the program of vocational rehabilitation.

 (4) A notice under subregulation (3) that relates to a decision not to approve a program of vocational rehabilitation must include the reasons for the decision.

10 Review of decisions

 (1) Application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of a decision of the Commission:
 (a) under subparagraph 5 (a) (ii): or
 (b) under regulation 7 or 8.

 (2) In relation to an application to the Administrative Appeals Tribunal under paragraph (1) (b), the Administrative Appeals Tribunal Act 1975 has effect as if subsection 29 (2) of that Act were omitted and the following subsections substituted:

            "(2) In relation to a decision of the Repatriation Commission under regulation 7 or 8 of the Veterans' Entitlements (Rehabilitation Allowance) Regulations,