Federal Register of Legislation - Australian Government

Primary content

No. R11/2010 Determinations/Veterans' Entitlements as made
This Determination exempts a payment known as the 'Pastoral Care and Assistance Scheme' 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 made to a person by the Anglican Church or ANGLICARE under the Pastoral Care and Assistance Scheme Anglican Church Diocese of Sydney and ANGLICARE Diocese of Sydney in recognition of moderate or severe psychological damage to the person resulting from child abuse or sexual misconduct by a church worker.
Administered by: Veterans' Affairs
Registered 18 Feb 2010
Tabling HistoryDate
Tabled HR23-Feb-2010
Tabled Senate24-Feb-2010

Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum - Pastoral Care and Assistance Scheme Payment) Determination

Instrument No. R11/2010

I, ADAM LUCKHURST, 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 12 February 2010

 

 

 

 

Adam Luckhurst

………………………………..

ADAM LUCKHURST

Senior Executive Band 1 (Rehabilitation, Compensation and Income Support Policy Group)

Department of Veterans’ Affairs

Delegate of the Repatriation Commission


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 – Pastoral Care and Assistance Scheme Payment) Determination No. R11 of 2010.

1.3           Commencement of Determination

1.3.1       This Determination is taken to have commenced on the day 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.

“Pastoral Care and Assistance Scheme payment” means a payment made by the Anglican Church or ANGLICARE under the Pastoral Care and Assistance Scheme Anglican Church Diocese of Sydney and ANGLICARE Diocese of Sydney to a person in recognition of moderate or severe psychological damage to the person resulting from child abuse or sexual misconduct by a church worker.


 

Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum— Pastoral Care and Assistance Scheme 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 has received a Pastoral Care and Assistance Scheme payment ;; and

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

the Pastoral Care and Assistance Scheme 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.