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No. R1/2008 Determinations/Veterans' Entitlements as made
This instrument exempts payments under the Queensland Rural & Regional Adjustment Regulation 2000 ('enterprise assistance' and 'exit assistance' payments) from the definition of "ordinary income" in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 24 Jan 2008
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008
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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 — Queensland Vegetation Management Framework Financial Assistance for Farm Businesses) Determination

Instrument No. R1/2008

I, JEANETTE RICKETTS, Senior Executive Band 1 (Income Support & Aged Care Policy Group), 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   17        January 2008

 

 

 

 

Jeanette Ricketts……………………………………….….

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 - Queensland Vegetation Management Framework Financial Assistance for Farm Businesses) Determination No. R1 of 2008.

1.3           Commencement of Determination

1.3.1    This Determination is taken to have commenced on the date it is signed but has effect in relation to relevant amounts received, or assistance provided, before the commencement of this determination.

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.

“enterprise assistance” and “exit assistance” mean a non-repayable grant available under the Rural & Regional Adjustment Regulation 2000 – Schedule of Approved Assistance Schemes.

The grant is a Queensland Government payment on behalf of Queensland Rural Adjustment Authority (QRAA) Vegetation Management.  It is available to Queensland farmers whose farm business has been significantly affected by the introduction of vegetation management legislation where the inability to carry out broadscale clearing of vegetation is directly responsible for a reduction in viability of the farming business:

  • for the purpose of improving the productivity, sustainability and viability, where possible, of the farm entity, or
  • as a single payment to the owner of an affected area of land for the transfer of the title to the land to a prescribed buyer.

 

Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum— Vegetation Management Framework Financial Assistance for Farm Businesses

2.1                      Amount or class of amounts

 

(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. 

(2)          If:

(a)      a person has received enterprise assistance or exit assistance; and

(b)     the person is in receipt of or has claimed a service pension or income support supplement;

then any amount received by the person, as enterprise assistance or exit assistance, is an exempt lump sum.

2.2                           Application- Exempt Lump Sums

 

I determine that an amount, or class of amounts, paid to a person as mentioned in paragraph 2.1(2)(a) is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the VEA from the date that the payment is made.