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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

Veterans’ Entitlements Income (Exempt Lump Sum – Remote Area Family Day Care Start Up Payment) Determination

 

Instrument No. R3/2008

 

Paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986

 

The Purpose and Operation of the Attached Instrument

A payment is deemed not to be ordinary income for means-testing under the Veterans’ Entitlements Act 1986 (VEA) once it is stated to be an exempt lump sum by a determination under paragraph 5H(12)(c) of the VEA. The amount specified in the Determination at 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.

 

The attached instrument provides for the exemption of these payments from the income assessment of the person’s or the person’s partner’s service pension or income support supplement.

 

Background

The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) will be making Remote Area Family Day Care Start Up Payments (a one-off payment of up to $5,000 per recipient) on behalf of the Commonwealth to persons as part of the 2007-08 Federal Budget Child Care Investment Measure.  These payments will be made in order to assist that person to undertake required changes to their home or its immediate surrounds in order for them to provide quality child care.

 

The purpose of this instrument is to ensure that a payment received under the Remote Area Family Day Care Start Up Payment under the 2007-08 Federal Budget Child Care Investment Measure is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the VEA.

 

The effect of this instrument is that people who are in receipt of an income support pension under the VEA will not have their income support payment reduced because of receiving a Remote Area Family Day Care Start Up Payment because the payment will not be regarded as income for the purposes of the VEA income test.

 

Consultation

In the interest of consistency of approach, the Department has worked closely with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to ensure that this instrument has the same effect as a similar instrument executed on 24 July 2007 under the social security law.

This instrument is beneficial to pensioners because it exempts from the VEA income test a Remote Area Family Day Care Start Up Payment under the

2007-08 Federal Budget Child Care Investment Measure made by FaHCSIA.  Public consultation was therefore seen as unnecessary.

 

Retrospectivity

FaHCSIA has already exempted Remote Area Family Day Care Start Up Payments.  The relevant instrument under the social security law operates from 24 July 2007.  This instrument is effective from the same date.  It is believed that none of the recipients to date has received or is currently in receipt of an income support payment under the VEA.