Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum — Payment to Victims of Bali Bombing) Determination

Instrument No. R6/2006

I, JEANETTE RICKETTS, Branch Head, Income Support Branch, 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     8    February 2006

……………………………..…………….….

JEANETTE RICKETTS

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 – Payment to Victims of Bali Bombing ) Determination No. R6 of 2006.

1.3           Commencement of Determination

1.3.1        This Determination is taken to have commenced on the date it is signed but has effect in relation to 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.

“Bali bombing” means the terrorist bombing attack that occurred in Bali on 12 October 2002.

“ Payment to a victim of Bali bombing” means the following payments, made to a person or the person’s representative because that person was affected or injured by the Bali bombings:

•      Commonwealth, State or Territory Government assistance with home, vehicle and workplace modifications and associated costs;

•      Commonwealth Government emergency assistance or assistance with out of pocket expenses;
•      Any assistance received from the Australian Red Cross Bali Appeal Fund;
•      Commonwealth Government assistance associated with travel.

Part 2: Exempt Lump Sum

2.                 Exempt Lump Sum— Payment to Victims of the Bali Bombing

2.1              If:

(a)               a person or a person’s partner has received an amount that is a payment to a victim of the Bali bombing, and

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

then the amount received by the person or the person’s partner, as a payment to a victim of the Bali bombing, is an exempt lump sum.