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Instrument 2019 No. R45 Determinations/Veterans' Entitlements as made
This determination ensures that compensation payable by the Commonwealth as a result of a court ruling, settlement or similar scenario, in relation to historical child sexual abuse committed against a person while they were a member of the Australian Defence Force, will not be regarded as income under the income test provisions of the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 01 Nov 2019
Tabling HistoryDate
Tabled Senate11-Nov-2019

 

 

 

Veterans’ Entitlements Act 1986

 

 

 

Veterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019

 

Instrument 2019 No. R45

 

 

 

I, EDEL KAIROUZ, delegate of the Repatriation Commission, make the following determination under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated this    15th    day of      October      2019

 

…..E Kairouz….

EDEL KAIROUZ


1       Name

            This determination is the Veterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019.

2       Commencement

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

3       Authority

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

4       Definitions

            In this determination:

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

compensation payment on behalf of the ADFmeans a payment of compensation made by the Commonwealth on behalf of the ADF as the consequence of a claim for compensation for historical child sexual abuse as a member of the ADF.

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

“veteran payment” means the payment called the veteran payment payable under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

5       Exempt lump sum

If:

(a)    a person or a person’s partner receives a compensation payment on behalf of the ADF; and

(b)   the person is eligible for, or in receipt of:

(i)            an income support supplement; or

(ii)          a service pension; or

(iii)        a veteran payment;

then, the amount of the compensation payment on behalf of the ADF received by the person or the person’s partner is an exempt lump sum.