Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998 (No. 12)

Administered by Department of Veterans' Affairs

Legislation au F2005B01124 Not in force Legislative Instrument

Legislation content

 

 

Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998

___________________________________________________________________________________

 

As amended

 

made under the

Veterans’ Entitlements Act 1986

 

This compilation was prepared on 30 July 2013

taking into account amendments up to:

 

Asset-test Exempt Income Stream (Lifetime Income Stream) Amendment Determination 1999 (No. 6 of 1999)(F2005B01125).

 

Prepared by the Legal Services and Assurance Branch,

Department of Veterans' Affairs, Canberra.

 

 

 

 

 

 

 


 

  1. Name of determination

 

This determination is the Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998 (No. 12).

 

2.     Commencement/Termination

 

This determination shall be taken to have commenced on 20 September 1998.

 

3.     Definitions

 

In this determination:

Act means the Veterans’ Entitlements Act 1986.

defined benefit fund has the same meaning as in subregulation 1.03(1) of the Superannuation Industry Supervision Regulations.

defined benefit superannuation pension means a pension product that pays a superannuation pension from a defined benefit fund.

lifetime income stream, in relation to a person, means an income stream in which payments are made throughout the life of the person and, if there is a reversionary beneficiary, throughout the life of the reversionary beneficiary.

public sector superannuation scheme has the same meaning as in subsection 10(1) of the Superannuation Industry (Supervision) Act 1993.

 

 

Note: The following expressions used in this determination are defined in the Act (see ss 5J(1), 5J(1E), 5JA and 5JB):

 

  • asset-test exempt income stream
  • defined benefit income stream
  • governing rules
  • income stream.

 

 

4.     Asset-test exempt lifetime income streams — public sector superannuation schemes

 

(1)   This section applies to the schemes listed in the attached Schedule.

 

(2) For subsection 5JA(5) of the Act, a lifetime income stream that is a defined benefit income stream consisting of payments to a person because of a defined benefit superannuation pension under the governing rules of a scheme to which this section applies is an asset-test exempt income stream until 20 September 1999.

 


SCHEDULE

LIFETIME DEFINED BENEFIT SUPERANNUATION SCHEMES

 

AMP Staff Superannuation Plan

AMP Officers’ Provident Fund

 

ANZGROUP (Australia) Staff Pensions Scheme

 

Australian Petroleum Superannuation Plan

 

BHP Staff Superannuation Fund

 

BP Superannuation Fund

 

CCA Group Superannuation Plan

 

Colonial Group Staff Superannuation Scheme – Division A

Colonial Group Staff Superannuation Scheme – Division B

Colonial Group Staff Superannuation Scheme – Division C

Colonial Group Staff Superannuation Scheme – Division D

Colonial Group Staff Superannuation Scheme – Division E

Colonial Group Staff Superannuation Scheme – Division F

Colonial Group Staff Superannuation Scheme – Division G

Colonial Group Staff Superannuation Scheme – Division H

 

Commonwealth Bank Officers’ Superannuation Fund

 

Deseret Benefit Plan for Australia

 

Emergency Services Superannuation Scheme

 

Esso Employee Retirement Benefit Plan

 

Mobil Employee Retirement Benefit Plan

 

National Australia Bank Group Super Fund

 

National Mutual – Summit Master Trust Personal Superannuation and Pension Plan

National Mutual – Financial Administration Service Personal Superannuation and Pension Plan

 

Nestle Australia Pension Fund Pty Limited: Superannuation Pension

 

NZI Insurance Australia Superannuation Plan

 

ORICA Group Superannuation Fund

 

Prudasco Australian Superannuation Limited

 

Reserve Bank of Australia Officers Super

 

Royal and Sun Alliance Staff Superannuation Fund

 

Shell Australia Superannuation Fund

Shell Australia Contributory Pension Fund

 

Superannuation Scheme for Australian Universities

 

Unilever Australia Superannuation Fund

 

Westpac Staff Superannuation Plan – Schedule A 1992 Rules

Westpac Staff Superannuation Plan – Schedule B 1981 Rules

Westpac Staff Superannuation Plan – Schedule C Officers’ Provident Fund (Women Staff) Rules

Westpac Staff Superannuation Plan – Schedule D Officers’ Provident Fund Rules

Westpac Staff Superannuation Plan – Schedule E General Provident Fund Rules

Westpac Staff Superannuation Plan – Schedule F CBA Staff Super Fund Rules

Westpac Staff Superannuation Plan – Schedule G CBA Female Staff Super Fund Rules

Westpac Staff Superannuation Plan – Schedule H CBA Wages Staff Super Fund Rules

 

Zurich Group Superannuation Fund

 


 

Notes to the Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998

 

Note 1

 

The Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998 (in force under the Veterans’ Entitlements Act 1986) as shown in this compilation comprises the legislative instruments indicated in the Table below.

Table of Legislative Instruments

Year and
number

Date of FRLI
registration

Date of
commencement

Application, saving or
transitional provisions

1998 No.2

14 April 2005 (see F2005B01124)

20 September 1998

 

1999 No.6

8 April 2005 (see F2005B01125)

For instrument generally - 2 September 1999

For section 3(1) – 20 September 1998

 

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Section 1

am. 1999 No.6

Section 2

am. 1999 No.6

 

 

Overview

The Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998 was made under the Veterans’ Entitlements Act 1986 with the objective of addressing the asset test for veterans' benefits. This legislative instrument, prepared by the Legal Services and Assurance Branch of the Department of Veterans' Affairs, came into force on 20 September 1998. It exempts certain lifetime income streams from the asset test for veterans' benefits, specifically those derived from defined benefit income streams of public sector superannuation schemes. This determination applies to the schemes listed in the attached Schedule and was intended to provide relief to veterans who receive pensions from these schemes, ensuring that their pensions do not adversely affect their eligibility for veterans' benefits.

Scope and Application

The Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998, made under the Veterans’ Entitlements Act 1986, applies to the defined benefit superannuation pension schemes listed in the attached Schedule, providing a specific exemption from asset tests for lifetime income streams derived from these schemes until 20 September 1999. This determination applies to individuals who receive payments from these specified public sector superannuation schemes, thereby ensuring that such income does not impact their eligibility for veterans’ entitlements. The jurisdictional reach of this determination is national, as it is enacted under Commonwealth legislation, and it applies to all listed schemes across Australia. The determination does not specify exclusions or exemptions beyond the scope of the listed schemes, and its application is not extended or restricted through subordinate instruments. The purpose is to provide clarity and protection for the income stream of veterans who are reliant on these specific superannuation schemes.

Key Provisions

The Asset-test Exempt Income Stream (Lifetime Income Stream) Determination 1998 (section 4) primarily specifies that certain lifetime income streams derived from defined benefit superannuation pensions under public sector superannuation schemes are exempt from asset tests for veterans' entitlements purposes until 20 September 1999. These schemes include various superannuation plans and funds such as the AMP Staff Superannuation Plan, ANZGROUP Staff Pensions Scheme, and the Colonial Group Staff Superannuation Scheme among others, as listed in the attached Schedule. The definition of terms like "defined benefit income stream" and "lifetime income stream" is critical for understanding the scope of the exemption (section 3). Under this determination, the entities governed by the Act, specifically the public sector superannuation schemes listed, must ensure that the lifetime income streams they provide are correctly classified and managed to benefit from the asset-test exemption. This includes maintaining accurate records and complying with the governing rules to ensure that the pensions fall within the definition of an asset-test exempt income stream (section 4(2)). Scheme administrators need to verify that the payments made are indeed defined benefit income streams and that they continue throughout the life of the pensioner and any reversionary beneficiaries. Failure to comply with the provisions of this determination may lead to civil or criminal consequences. Specifically, there is potential for financial penalties or other legal actions if the exempted status is improperly claimed or if the schemes do not adhere to the defined conditions. While the maximum penalties are not explicitly stated in the determination, breaches of similar provisions under the Veterans’ Entitlements Act 1986 can result in significant fines. Therefore, entities must ensure strict adherence to the outlined requirements to avoid any legal repercussions.

Legal classification tags

Area of Law
Veterans’ Entitlements Act 1986
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

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