Federal Register of Legislation - Australian Government

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No. R14/2006 Determinations/Veterans' Entitlements as made
This Determination exempts payments made by the Australian Government Department of Agriculture, Fisheries and Forestry under the Fisheries Adjustment Package (Securing Our Fishing Future) 2005 from the definition of 'ordinary income' in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 11 Apr 2006
Tabling HistoryDate
Tabled HR09-May-2006
Tabled Senate09-May-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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 — Fisheries Adjustment Package) Determination

Instrument No. R14/2006

I, JEANETTE RICKETTS, Senior Executive Band 1 (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   31st      March 2006

 

 

 

 

 

JEANETTE RICKETTS


SCHEDULE

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 — Fisheries Adjustment Package) Determination No. R14 of 2006.

1.3           Commencement of Determination

1.3.1        This Determination commences or is taken to have commenced on

17 March 2006.

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.

“Workers Assistance Grant” means a payment made to a person by the Australian Government Department of Agriculture, Fisheries and Forestry under the Fisheries Adjustment Package (Securing Our Fishing Future) 2005 on an ex gratia basis in recognition of that person losing their job as a result of reduced fishing activity;

 


Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum— Fisheries Adjustment Package

2.1              If:

(a)               a person or a person’s partner has received an amount as a Workers Assistance Grant; 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, as a Workers Assistance Grant, is an exempt lump sum.