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Instrument 2019 No. R31 Determinations/Veterans' Entitlements as amended, taking into account amendments up to Veterans’ Entitlements (Value of Asset-tested Income Streams (Lifetime)) Amendment Determination 2020
Administered by: Veterans' Affairs
Registered 29 Jul 2020
Start Date 01 Jan 2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

Repatriation Commission

 

 

 

Veterans’ Entitlements (Value of Asset‑tested Income Streams (Lifetime)) Determination 2019

 

Instrument 2019 No. R31

 

made under subsection 52BAB(4) of the Veterans’ Entitlements Act 1986

 

Compilation No. 1

Compilation date:                              1 January 2020

Includes amendments up to:            F2020L00180

 

 

 

 

 

 

 

 

 

 


About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements (Value of Asset‑tested Income Streams (Lifetime)) Determination 2019 that shows the text of the law as amended and in force on 1 January 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  


Contents

1............ Name of Determination................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Surrender value method................................................................................................. 2

6............ Death benefit method…………………………………………,,,,,,,..................................................…………….…….3

 

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

                                                                               


1  Name

                   This instrument is the Veterans’ Entitlements (Value of Asset‑tested Income Streams (Lifetime)) Determination 2019.

3  Authority

                   This instrument is made under subsection 52BAB(4) of the Veterans’ Entitlements Act 1986.

4  Definitions

Note:         A number of expressions used in this instrument are defined in the Act, including the following:

(a)   asset‑tested income stream (lifetime) (see section 5J(1) of the Act);

(b)   assessment day (see subsections 52BAB(6) and (7) of the Act);

(c)    governing rules (see subsection 5J(1) of the Act).

                   In this instrument:

access amount, for a particular day (the access day) for an asset‑tested income stream (lifetime), means the sum of:

                     (a)  the maximum amount that would have been payable for the income stream, as determined by the contract or governing rules for the provision of the income stream, if the income stream had been commuted on the assessment day for the income stream; and

                     (b)  any instalments paid for the income stream after the assessment day and before the access day.

Act means the Veterans’ Entitlements Act 1986.

death benefit, for a particular day for an asset‑tested income stream (lifetime), means the maximum commutation amount that would be payable for the income stream, as determined by the contract or governing rules for the provision of the income stream, if the person, or persons, eligible to receive the income stream died on that day.

death benefit comparison value has the meaning given by subsection 6(3) of this instrument.

first half of the life expectancy period, for an asset-tested income stream (lifetime), means the number of days in the period:

                     (a)  starting on the assessment day for the income stream; and

                     (b)  ending when the number of days equal to the life expectancy period for the income stream divided by 2, and rounded down to the nearest whole number, have passed.

life expectancy period, for an asset‑tested income stream (lifetime), means the number of days worked out by:

                     (a)  using the Life Tables to calculate the number of days, at the assessment day, in the life expectancy of:

                              (i)  the person eligible to receive the income stream; or

                             (ii)  for a joint income stream—the eldest of those eligible to receive the income stream; and

                     (b)  rounding that number of days down to the nearest whole number of years; and

                     (c)  converting those years to a number of days, assuming 365 days in a year.

Life Tables means:

(a)    if a person’s assessment day for an asset-tested income stream (lifetime) is before 1 January 2020—the Australian Life Tables 2010‑2012 published by the Australian Government Actuary; or

(b)   if a person’s assessment day for an asset-tested income stream (lifetime) is on or after 1 January 2020—the Australian Life Tables 2015-17 published by the Australian Government Actuary.

surrender comparison value has the meaning given by subsection 5(3) of this instrument.

surrender value, for a particular day for an asset‑tested income stream (lifetime), means the maximum commutation amount that would be payable for the income stream, as determined by the contract or governing rules for the provision of the income stream, if the person, or persons, eligible to receive the income stream did not die on that day.

5  Surrender value method

             (1)  This section sets out a method for working out the value of an asset‑tested income stream (lifetime) by reference to the surrender value of the income stream.

             (2)  The value of a person’s asset‑tested income stream (lifetime) on a particular day is the highest value for that day or any later day worked out using the following method statement.

Method statement

Step 1.   Determine the surrender value of the asset‑tested income stream (lifetime) for the day.

Step 2.   Compare the surrender value with the surrender comparison value of the income stream for the day (see subsection (3)).

Step 3.   The value of the income stream for the day is:

               (a)     if the surrender value is more than the surrender comparison value and the income stream is not a joint income stream—the surrender value; or

              (b)     if the surrender value is more than the surrender comparison value and the income stream is a joint income stream—the surrender value multiplied by the proportion of the income stream attributable to the person on that day; or

               (c)     if the surrender value is less than or equal to the surrender comparison value—nil.

             (3)  The surrender comparison value of an asset‑tested income stream (lifetime) is:

                     (a)  for a day during the 14 day period that begins on the assessment day for the income stream—the access amount for the day;

                     (b)  for any other day:

                              (i)  unless subparagraph (ii) applies—the amount worked out for the day under subsection (4); or

                             (ii)  if the amount worked out for the day under subsection (4) is less than or equal to zero—nil.

             (4)  For the purposes of paragraph (3)(b), the amount for a day (the access day) is worked out using the following formula:

                  

where:

previously commuted amount means the sum of any amounts commuted from the income stream before the access day.

remaining life expectancy means the number of days remaining in the life expectancy period for the income stream after subtracting the number of days in the period:

                     (a)  starting on the assessment day for the income stream; and

                     (b)  ending on the access day.

6  Death benefit method

             (1)  This section sets out a method for working out the value of an asset‑tested income stream (lifetime) by reference to the death benefit of the income stream.

             (2)  The value of a person’s asset‑tested income stream (lifetime) on a particular day is the highest value for that day or any later day worked out using the following method statement.

Method statement

Step 1.   Determine the death benefit of the asset‑tested income stream (lifetime) for the day.

Step 2.   Compare the death benefit with the death benefit comparison value of the income stream for the day (see subsection (3)).

Step 3.   The value of the income stream for the day is:

               (a)     if the death benefit is more than the death benefit comparison value and the income stream is not a joint income stream—the death benefit; or

              (b)     if the death benefit is more than the death benefit comparison value and the income stream is a joint income stream—the death benefit multiplied by the proportion of the income stream attributable to the person on that day; or

               (c)     if the death benefit is less than or equal to the death benefit comparison value—nil.

             (3)  The death benefit comparison value of an asset‑tested income stream (lifetime) is:

                     (a)  for a day within the first half of the life expectancy period for the income stream—the access amount for the day;

                     (b)  for any other day:

                              (i)  unless subparagraph (ii) applies—the amount worked out for the day under subsection (4); or

                             (ii)  if the amount worked out for the day under subsection (4) is less than or equal to zero—nil.

             (4)  For the purposes of paragraph (3)(b), the amount for a day (the access day) is worked out using the following formula:

                  

where:

previously commuted amount means the sum of any amounts commuted from the income stream before the access day.

remaining life expectancy means the number of days remaining in the life expectancy period for the income stream after subtracting the number of days in the period:

                     (a)  starting on the assessment day for the income stream; and

                     (b)  ending on the access day.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.


Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Veterans’ Entitlements (Value of Asset‑tested Income Streams (Lifetime)) Determination 2019

20 Jun 2019

(F2019L00846)

1 Jul 2019

Veterans’ Entitlements (Value of Asset‑tested Income Streams (Lifetime)) Amendment Determination 2020

28 Feb 2020

(F2020L00180)

1 Jan 2020

 


Endnote 4—Amendment history

 

Provision affected

How affected

s 2…………………………..…………….

s 4…………………………………………

rep LA s 48D

F2020L00180