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No. R6/2008 Determinations/Veterans' Entitlements as made
This Determination exempts payments under the Queensland Government Redress Scheme (payments for people mistreated as children in Queensland institutions from 1911 to 1999) from the definition of "ordinary income" in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 08 Feb 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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 Government Redress Scheme) Determination

 

Instrument No. R6/2008

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  4th  February 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 Government Redress Scheme) Determination No. R6 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.

“first level payment” means a one-off payment of $7,000 made by the Queensland Government under the scheme known as the Redress Scheme.

“second level payment” means a one-off payment of up to $33,000 made by the Queensland Government under the scheme known as the Redress Scheme.

Note: the total amount paid under the Redress Scheme and that can be exempt under this determination is $40,000.


Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum — Queensland Government Redress Scheme

 

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 first level payment and a second level payment made by the Queensland Government under the scheme known as the Redress Scheme; 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 Queensland Government Redress Scheme 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.