Veterans' Entitlements Income (Exempt Lump Sum Tasmanian Child Abuse) Determination No. R13 of 2006 (Cth)

Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum — Tasmanian Child Abuse) Determination

Instrument No. R13/2006

I, JEANETTE RICKETTS, Senior Executive Band 1 (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   31^st      March 2006

JEANETTE RICKETTS

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 – Tasmanian Child Abuse) Determination No. R13 of 2006.

1.3      Commencement of Determination

1.3.1This Determination is taken to have commenced on 15 December 2004.

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.

“compensation payment” means an ex gratia payment made by the State Government of Tasmania in respect of child abuse suffered by a person while in Tasmanian State care.

“Tasmanian State” care means care, provide by an institution responsible for the provision of child welfare services, which is, or has been:

(a)administered by the Tasmanian State Government; or

(b)funded by the Tasmanian State Government;

Part 2:   Exempt Lump Sum

1. Exempt Lump Sum— Tasmanian Child Abuse

   2.1Amount or class of amounts

2. 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. 

3. If:

(a)   a person has received a compensation payment; and

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

then any amount received by the person, as a compensation 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.