Federal Register of Legislation - Australian Government

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No. R8/2006 Determinations/Veterans' Entitlements as made
This determination exempts payments made by the NSW Government under the 'Aboriginal Trust Fund Repayment Scheme' from the definition of 'ordinary income' in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 02 Mar 2006
Tabling HistoryDate
Tabled HR27-Mar-2006
Tabled Senate27-Mar-2006
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum — New South Wales Aboriginal Trust Fund Repayment Scheme) Determination

Instrument No. R8/2006

I, JEANETTE RICKETTS, Branch Head, Income Support Branch, Department of Veterans’ Affairs, and delegate of the Repatriation Commission, determine, under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 (VEA), that an amount specified in Part 2 of the Schedule as an exempt lump sum is an exempt lump sum for the purposes of the definition of “ordinary income” in subsection 5H(1) of the VEA.



Dated   21     February 2006









Part 1: Preliminary and Interpretation

1.                Explanation

1.1              Paragraph 5H(12)(c) of the VEA enables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum.  The consequence of the determination is that the amount, or class of amounts, is not ordinary income for the purposes of the VEA.

1.2    Name of Determination

1.2.1        This determination is the Veterans’ Entitlements Income (Exempt Lump Sum – New South Wales Aboriginal Trust Fund Repayment Scheme) Determination No. R8 of 2006.

1.3           Commencement of Determination

1.3.1        This Determination is taken to have commenced on 30 June 2005.

1.4           Definitions

1.4.1        In this Determination:

“service pension” has the meaning given to Service pension in subsection 5Q(1) of the VEA.

“income support supplement” means the payment called the income support supplement payable under Part IIIA of the VEA.

“ Aboriginal Trust Fund Repayment Scheme” means the scheme of that same name administered by the New South Wales Government, which makes ex gratia payments to Aborigines (or their descendants) to compensate for wages and other money that was paid into New South Wales trust funds between 1900 and 1968 and never repaid.

Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum — New South Wales Aboriginal Trust Fund Repayment Scheme

2.1              If:

(a)               a person or a person’s partner has received an amount under the Aboriginal Trust Fund Repayment Scheme; and

(b)               the person is eligible for, or in receipt of, a service pension or income support supplement;

then the amount received by the person or the person’s partner, under the Aboriginal Trust Fund Repayment Scheme, is an exempt lump sum.