Federal Register of Legislation - Australian Government

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No. R3/2008 Determinations/Veterans' Entitlements as made
This Determination exempts payments (remote area family day care start up payment) under the 2007-2008 Federal Budget Child Care Investment Measure from the definition of ordinary income in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 31 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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 — Remote Area Family Day Care Start Up Payment) Determination

 

Instrument No. R3/2008

I, JEANETTE RICKETTS, Senior Executive Band 1 (Income Support and 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 24  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 – Remote Area Family Day Care Start Up Payment) Determination No. R3 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.

“Remote Area Family Day Care Start Up Payment” means a payment (of up to $5,000 per recipient), made to a person on behalf of the Commonwealth by the Australian Government Department of  Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) as part of the 2007-2008 Federal Budget Child Care Investment Measure, to assist that person to undertake required changes to their home or its immediate surroundings in order for them to provide quality child care.


Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum — Remote Area Family Day Care Start Up Payment

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 or a person’s partner has received a Remote Area Family Day Care Start Up Payment; 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 or the person’s partner, under the Remote Area Family Day Care Start Up Payment, 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.