Veterans' Entitlements Income (Exempt Lump Sum Payments to former residents in South Australian State care) Determination No. R10 of 2011 (Cth)

Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum – Payments to former residents in South Australian State care) Determination

Instrument No. R10/2011

I, NEIL BAYLES, 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             19 January 2011

Neil Bayles

NEIL BAYLES

Senior Executive Band 1 (Rehabilitation and Entitlements Policy Group)

Department of Veterans’ Affairs

Delegate of the Repatriation Commission

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 – Payments to former residents in South Australian State care) Determination No. R10 of 2011.

1.3   Commencement of Determination

1.3.1This Determination is taken to have commenced on the day it is signed but has effect in relation to relevant amounts received, or assistance provided, before the commencement of this determination.

1.4   Definitions

1.4.1In 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.

“ex gratia payment” means a payment:

(a)    of up to $50 000 made by the South Australian Attorney-General under the Victims of Crime Act 2001 (SA) from the Victims of Crime Fund set up under that Act to individuals who have suffered sexual abuse as children while in State care; or

(b)    a payment of up to $750 made from the same Fund for the payment of legal fees incurred in obtaining legal advice for the purposes of signing a Deed of Settlement and Release in relation to a payment mentioned in paragraph (a).

Part 2:   Exempt Lump Sum

1. Exempt Lump Sum — Payments to former residents in South Australian State care

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 has received an ex gratia payment; and

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

the ex gratia payment 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.