Coat of Arms of the Commonwealth of Australia

Veterans’ Entitlements (Modification of Income Deprivation Rules) Principles 2025

The Repatriation Commission makes the following instrument.

Dated 19 February 2025

The Seal of the

Repatriation Commission

was affixed to this instrument

in the presence of:

Alison Frame

Mark Brewer

 

AM CSC and Bar

President

 

Deputy President

 

Gwen Cherne

Kahlil Fegan

 

DSC AM

Commissioner

Commissioner

 

 

This instrument is the Veterans’ Entitlements (Modification of Income Deprivation Rules) Principles 2025.

This instrument commences on the day after the day it is registered.

This instrument is made under paragraphs 52ZZZQ(h) and (i) of the Veterans’ Entitlements Act 1986.

Schedule 6 to the Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 is repealed. 

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

Commission

member of a couple

 In this instrument:

Act means the Veterans’ Entitlements Act 1986.


This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZB(1) of the Act.

In this Part:

individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZB(1) of the Act.

  1.     This section applies to an individual who is not a member of a couple.
  2.     The Commission must take into account whether the individual was the only attributable stakeholder of the company or trust, either before or after the transfer.
  1.     This section applies to an individual who is a member of a couple.
  2.     The Commission must take into account whether:
  1.     the individual was the only attributable stakeholder of the company or trust, either before or after the transfer; or
  2.     both members of the couple were the only attributable stakeholders of the company or trust, either before or after the transfer.
  1.     This section applies if, in relation to a transfer of property to a company or trust:
  1.     the transfer is made by an attributable stakeholder of the company or trust; and
  2.     before the transfer, there were 2 or more attributable stakeholders of the company or trust.
  1.     This section also applies if, in relation to a transfer of property to a company or trust:
  1.     the transfer is made by an attributable stakeholder of the company or trust; and
  2.     after the transfer, there were 2 or more attributable stakeholders of the company or trust.
  1.     The Commission must take into account the income attribution percentage of each attributable stakeholder of the recipient company or recipient trust, before and after the transfer of the property.
  1.     This section applies if, in relation to a transfer of property to a company or a trust:
  1.     the transfer is made by an individual who is not an attributable stakeholder of the company or trust; and
  2.     as a result of the transfer, the individual is an attributable stakeholder.
  1.     The Commission must take into account the income attribution percentage of each attributable stakeholder of the company or trust, before and after the transfer of the property.


This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZC(3) of the Act.

The Commission must take into account whether, in relation to a transfer of ordinary income of a company or trust in accordance with subsection 52ZZZC(1) of the Act, the transfer is to an individual who is an attributable stakeholder of the company or trust.


This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZD(1) of the Act.

In this Part:

individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZD(1) of the Act.

  1.     This section applies if:
  1.     property is transferred by an individual to a company or trust; and
  2.     on 1 January 2002, the property is owned or controlled by the company or trust; and
  3.     on 1 January 2002, the value of the property is the same as, or greater than, it was at the time of its transfer.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.
  1.     This section applies if:
  1.     property is transferred by an individual to a company or trust; and
  2.     on 1 January 2002, the property is owned or controlled by the company or trust; and
  3.     on 1 January 2002, the value of the property is less than it was at the time of its transfer; and
  4.     the decrease in the value of the property is not attributable to any conduct that the Commission reasonably believes was intended to avoid the operation, or minimise the effect, of Division 11A of Part IIIB of the Act.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.
  1.     This section applies if:
  1.     property is transferred by an individual to a company or trust; and
  2.     before 1 January 2002, the company or trust transferred the property to another individual or other entity in consideration of an arm’s length amount; and
  3.     the company or trust retained the amount or value of the consideration.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.
  1.     This section applies if:
  1.     an individual, who is a member of a couple, transfers property to a company or trust before 1 January 2002; and
  2.     as a result of the transfer:
  1.      the individual is the only attributable stakeholder, on 1 January 2002, of the company or trust; or
  2.    both members of the couple are the only attributable stakeholders, on 1 January 2002, of the company or trust.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.


This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZE(1) of the Act.

In this Part:

individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZE(1) of the Act.

  1.     This section applies if:
  1.     property is transferred by an individual to a company or trust; and
  2.     on 1 January 2002, the property is owned or controlled by the company or trust; and
  3.     on 1 January 2002, the value of the property is the same as, or greater than, it was at the time of its transfer.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.
  1.     This section applies if:
  1.     property is transferred by an individual to a company or trust; and
  2.     on 1 January 2002, the property is owned or controlled by the company or trust; and
  3.     on 1 January 2002, the value of the property is less than it was at the time of its transfer; and
  4.     the decrease in the value of the property is not attributable to any conduct that the Commission reasonably believes was intended to avoid the operation, or minimise the effect, of Division 11A of Part IIIB of the Act.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.
  1.     This section applies if:
  1.     property is transferred by an individual to a company or trust; and
  2.     before 1 January 2002, the company or trust transferred the property to another individual or other entity in consideration of an arm’s length amount; and
  3.     the company or trust retained the amount or value of the consideration.
  1.     The Commission must consider whether, in all the circumstances, the application of Division 7 of Part IIIB of the Act would be unfair or unreasonable in relation to the individual.