Federal Register of Legislation - Australian Government

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2018 No. R35 Determinations/Veterans' Entitlements as made
This determination provides that payments made under the Defence Reparation Scheme are not to be regarded as income under the income test provisions of the Veterans' Entitlement Act 1986.
Administered by: Veterans' Affairs
Made 19 Feb 2018
Registered 23 Feb 2018
Tabled HR 26 Feb 2018
Tabled Senate 19 Mar 2018

 

 

 

Veterans’ Entitlements Act 1986

 

 

 

Veterans’ Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018

 

Instrument 2018 No. R35

 

 

 

I, MARK HARRIGAN, delegate of the Repatriation Commission, make the following determination for paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated this     19th                day of         February                  2018

 

     M Harrigan

…………………………………………………………

MARK HARRIGAN


1       Name

            This determination is the Veterans’ Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018.

2       Commencement

This determination is taken to have commenced on 1 February 2018.

3       Authority

This determination is made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

4       Definitions

            In this determination:

 

defence reparation paymentmeans a one-off payment made to a person by the Australian Defence Force on behalf of the Australian Government under the Defence Reparation Scheme;

 

“income support supplement” means the payment called the income support supplement payable under Part IIIA of the Veterans’ Entitlements Act 1986;

 

“service pension” has the same meaning as it has in subsection 5Q(1) of the Veterans’ Entitlements Act 1986;

 

“Defence Reparation Scheme” means the scheme that come into effect on

16 December 2017 and is administered by the Defence Force Ombudsman for the purpose of making reparation payments to members or former members of the Defence Force who have suffered the most serious forms of abuse or sexual assault where the abuse or assault occurred on or before 30 June 2014.

 

5       Exempt lump sum

If a person or a person’s partner receives a defence reparation payment and the person is eligible for, or in receipt of a service pension or income support supplement, then the amount of the defence reparation payment received by the person or the person’s partner is an exempt lump sum.