Veterans' Entitlements Income Exempt Lump Sum Determination No. 2 of 2002 (Cth)

Commonwealth of Australia

VETERANS’ ENTITLEMENTS ACT 1986

Veterans’ Entitlements Income Exempt Lump Sum

Determination No. 2 of 2002

I, JEANETTE RICKETTS, Acting Branch Head, Income Support Branch and delegate of the Repatriation Commission, hereby determine the “amount or one of a class of amounts” specified in Part 2 of the attached Schedule to this instrument to be an “exempt lump sum” in accordance with paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

Dated this fifth day of December 2002.

JEANETTE RICKETTS

Delegate

Veterans’ Entitlements Income Exempt Lump Sum

Determination No. 2 of 2002

Schedule

Part 1: Preliminary and Interpretation

1.1NAME OF DETERMINATION

This determination is the Veterans’ Entitlements Income Exempt Lump Sum Determination No. 2 of 2002.

1.2COMMENCEMENT

This determination commences on the date it is signed.

1.3DEFINITIONS

In this determination:

“Act” means the Veterans’ Entitlements Act 1986.

“licence holder” means a person who has been issued an A or C licence granted under the provisions of the Forests Act 1958 (Vic) that allows that person to fell, cut or remove wood within a quota allocated under that licence by the Secretary to the Victorian Department of Natural Resources and Environment.

“V-E Day” means Victory in Europe on 8 May 1945 in relation to World War II.

Part 2:       Exempt Lump Sums

2.1Amount or Class of Amounts

1. Paragraph 5H(12)(c) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.

Dutch-Maror Fund

1. The Dutch-Maror organisation is responsible for disbursing one-off payments to Jewish survivors of World War II and who resided in The Netherlands for a period or periods during World War II.

1. The Dutch-Maror organisation will also disburse one-off payments to the widow or widower or the child or children of a Jewish survivor of World War II if the Jewish survivor died after V-E Day of World War II.

French Decree 2000-657

1. The French Decree 2000-657 is a French law that provides reparations to the orphans of persons who died during the deportation as part of the anti-Semitic persecutions during the German occupation of France during World War II.  The orphan child or children must have been under the age of 21 years at the time of the deportation of their parent or parents.

1. The French Decree 2000-657 will provide for lump sum reparations or lifetime monthly payments to the orphans.

Forest Produce Licensees

1. The Department of Natural Resources and Environment (Vic) has invited applications for financial assistance to business and self-employed operators affected by the Victorian State government decision to reduce the number of forest produce licences in the Box-Ironbark forest based industry.

2.2Application¾Exempt Lump Sums

Dutch-Maror Fund payments

1. It is appropriate to determine that an amount, or class of amounts, paid to a person, by the Dutch-Maror organisation, before, on, or after the commencement of this determination, in accordance with the requirements of subclause 2.1(2) or 2.1(3) of this determination, as the case may be, is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Act from the date that the amount is paid.

French Decree 2000-657 payments

1. It is appropriate to determine that an amount paid to a person under the French Decree 2000-657, before, on, or after the commencement of this determination, in accordance with the requirements of subclause 2.1(5) of this determination, is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Act from the date that the amount is paid but only if the amount paid is a lump sum reparation.

Forest Produce Licencee payments

1. It is appropriate to determine that an amount, or class of amounts, paid to a person, at any time, is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Act from the date that the amount is paid but only if the amount is paid by the Victorian Department of Natural Resources and Environment to a licence holder to compensate that licence holder for being partially or completely excluded from the Box-Ironbark forest based industry.