Federal Register of Legislation - Australian Government

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No. R10/2010 Determinations/Veterans' Entitlements as made
This instrument exempts a payment from the definition of 'ordinary income' in the Veterans' Entitlements Act 1986 which means the payment is not assessed as income under the means test for an income-support payment. The payment covered by the instrument is a one-off lump sum payment made to recipients of the dependant pension in consideration of the cancellation of ongoing fortnightly payment of that pension.
Administered by: Veterans' Affairs
Registered 27 Jan 2010
Tabling HistoryDate
Tabled HR03-Feb-2010
Tabled Senate03-Feb-2010
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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 —Dependant Pension Lump Sum Payment and Closure) Determination

 

Instrument No. R10 /2010

I, ADAM LUCKHURST, Senior Executive Band 1 (Rehabilitation, Compensation and Income Support 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 18th January 2010

 

 

 

Adam Luckhurst

…………………..…………….……………………………….

ADAM LUCKHURST

 

 

 

 

 

 

 

 

 

 

 

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 – Dependant Pension Lump Sum Payment and Closure) Determination No. R10 of 2010.

1.3             Commencement of Determination

1.3.1   This Determination commences on the 24 September 2009.

1.4             Definitions

1.4.1   In this Determination:

“income support payment” means a service pension or income support supplement.

 

“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.

 

“lump sum payment”  means a one-off lump sum payment made to recipients (recipient) of the dependant pension in consideration of the cancellation of ongoing fortnightly payment of said pension.  The amount of lump sum payment that each recipient receives will vary depending on the fortnightly amount payable at time of cancellation.

 

“recipient” means a person who was eligible for and in receipt of a dependant pension on 22 September 2009. 

 

 

 

 

Part 2:   Exempt Lump Sum

2.                 Exempt Lump Sum — Dependant Pension Lump Sum Payment and Closure

 

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 one-off lump sum payment made to recipients of the dependant pension as a result of the cancellation of ongoing payment of said pension; and

(b)            the person is in receipt of, or has claimed, an income support payment;

then any amount received by the person or the person’s partner, as a lump sum 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.