2.1 Purpose of the Vehicle Assistance Scheme
The purpose of the Vehicle Assistance Scheme is to assist eligible veterans with the provision of a suitable motor vehicle and to assist with the running, maintenance, and replacement of a motor vehicle that has been provided under this Scheme.
2.2.1
For the purposes of this instrument, unless the contrary intention appears:"the Act" means the Veterans' Entitlements Act 1986 as amended from time to time;
"Commission" means the Repatriation Commission continued in existence by section 179 of the Act;
"Department" means the Commonwealth Department of Veterans' Affairs;
"derive benefit from assistance" has the meaning given by paragraph 3.2.1, 3.2.2 or 3.2.3 of the Scheme;
"eligible veteran" means a veteran who is eligible to participate in the Scheme because of incapacity from war-caused injury or disease as specified in sub-sections 105 (5) and 105 (7) of the Act;
Note 1:
Subsections 105 (5) and 105 (7) provide:105 (5) A veteran is, subject to subsection (7), eligible to participate in the Vehicle Assistance Scheme if the veteran is incapacitated from war-caused injury or war-caused disease by reason of:
(a) amputation of both legs above the knee;
(b) amputation of one leg above the knee and, in addition:
(i) amputation of the other leg at or above the ankle and amputation of one arm at or above the wrist; or
(ii) amputation of both arms at or above the wrists;
(c) complete paraplegia resulting in the total loss of voluntary power in both legs to the extent that there is insufficient power for purposeful use for stance or locomotion; or
(d) a condition that, in the opinion of the Commission, is similar in effect or severity to a condition described in paragraph (a) or (b).
105 (7) For the purposes of subsection (5):
(a) a leg that has been rendered permanently and wholly useless above the knee shall be treated as if it had been amputated above the knee;
(b) a veteran shall not be taken to be incapacitated by reason of the disability described in paragraph (5) (c) unless the disability is such that surgical or other therapeutic measures are not reasonably capable of restoring power for purposeful use for stance or locomotion; and
(c) a reference to the Vehicle Assistance Scheme shall, unless the contrary intention appears, be read as a reference to:
(i) the Vehicle Assistance Scheme prepared under subsection (1) and approved by the Minister, but not being such a Scheme that has been revoked; or
(ii) if that Scheme has been varied under subsection (2) by an instrument approved by the Minister-that Scheme as so varied.
Note 2: Section 96 of the Act provides that for the purposes of this Scheme "veteran" is to be read as including a reference to a member of the Forces or a member of a Peacekeeping Force as defined in section 68 of the Act.
"former Scheme"
means the Vehicle Assistance Scheme prepared by the Commission under subsection 105 (1) of the Act on 22 May 1986 and approved by the Minister for Veterans' Affairs under subsection 105 (3) of the Act on 22 May 1986, as varied by an instrument in writing of the Commission under subsection 105 (2) of the Act, dated 3 October 1986, and approved by the Minister under subsection 105 (3) of the Act on 9 October 1986;"initial motor vehicle" means a motor vehicle for the purchase of which the Commission has granted financial assistance to a veteran under paragraph 4.1.1 of the Scheme;
"previous motor vehicle" means the last motor vehicle for the purchase of which the Commission has granted financial assistance to a veteran under this Scheme;
"replacement motor vehicle" means a motor vehicle for the purchase of which the Commission has granted financial assistance to a veteran under paragraph 6.1.1 of the Scheme;
"running and maintenance allowance" means an allowance paid annually under paragraph 5.1.1 of the Scheme to an eligible veteran to assist with the cost of running and maintaining a motor vehicle provided under the Scheme;
"Scheme" means this Vehicle Assistance Scheme, determined by the Commission and approved by the Minister in accordance with section 105 of the Act;
"war-caused" includes "defence-caused" as provided for in section 96 of the Act.
2.2.2
In this Scheme if a Note follows a paragraph or subparagraph, the Note is taken to be part of that paragraph or subparagraph, as the case may be.
2.2.3 References to provisions
2.2.3
In this Scheme, any reference to a Part, paragraph, subparagraph or schedule shall, unless a contrary intention appears, be taken to be a reference to that Part, paragraph, subparagraph or schedule of the Scheme.
2.3 General operation of the Scheme
2.3.1
This Scheme permits the Commission, in specified circumstances, to grant an eligible veteran:(a) financial assistance to purchase an initial motor vehicle; or
(b) financial assistance to purchase a replacement motor vehicle; and
(c) in respect of an initial or replacement motor vehicle:
(i) a running and maintenance allowance; and
(ii) one or more driving devices and modifications grants.
2.4 Application for approval to participate in the Scheme
2.4.1 Who may participate in the Scheme
2.4.1
A veteran who satisfies the eligibility criteria in paragraph 3.1.1 may apply to participate in the Scheme by making an application in writing and in accordance with a form approved by the Commission for that purpose.
2.4.2 When an application is taken to be made
2.4.2
For the purpose of this Scheme, an application will only be taken to have been made when it is received at an office of the Department in Australia.
2.4.3 Documents to accompany application
2.4.3
The application must be accompanied by such certificates and other documentation as are required to be furnished by this Scheme.
2.4.4 Commission must consider all relevant matters
2.4.4
When the application is submitted to the Commission, the Commission must consider all matters that are relevant to the application and must then determine the application.
2.4.5 Commission may require an undertaking
2.4.5
The Commission may require a veteran who is provided 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.