Veterans’ Entitlements Income (Exempt Lump Sum Murray-Darling Basin Small Block Irrigators Grant) Determination No. R8 of 2009 (Cth)

Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum —Murray-Darling Basin Small Block Irrigators Grant) Determination

Instrument No. R8/2009

I, RIC MOORE, A/g Senior Executive Band 1 (Compensation and Income Support Policy Group), 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      January 2009

Ric Moore…………………………..…………….……………………………….

RIC MOORE

SCHEDULE

Part 1: Preliminary and Interpretation

1. Explanation

1.1Paragraph 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

1.2.1This determination is the Veterans’ Entitlements Income (Exempt Lump Sum – Murray-Darling Basin Small Block Irrigators Grant) Determination No. R8 of 2009.

1.3      Commencement of Determination

1.3.1This Determination commences on the day after it is registered.

1.4      Definitions

1.4.1In this Determination:

“income support payment” means a service pension or income support supplement.

“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.

“Murray-Darling Basin Small Block Irrigators Grant” means a one-off payment made by the Department of Agriculture, Fisheries and Forestry and the Department of the Environment, Water, Heritage and the Arts, to eligible irrigators on blocks of 15 hectares or less, that is part of an exit package to assist small block irrigators to remain in the community while selling their water entitlements to the Commonwealth, and to leave irrigation farming for at least five years.

Part 2:   Exempt Lump Sum

1. Exempt Lump Sum — Murray-Darling Basin Small Block Irrigators Grant

2.1Amount or class of amounts

(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.

(2)   If:

(a)a person or a person’s partner has received a Murray-Darling Basin Small Block Irrigators Grant; and

(b)the person is in receipt of, or has claimed, an income support payment;

then any amount of that Grant received by the person or the person’s partner, is an exempt lump sum.

2.2Application – Exempt Lump Sums

I determine that an amount, or class of amounts, paid to a person as mentioned in paragraph 2.1 (2)(a) is an exempt lump sum for the purposes of paragraph 5H (12) (c) of the VEA from the date that the payment is made.