Overview

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 2 of 2001 was enacted to address the need for an additional form of financial support for specific groups of veterans and their families. This legislative instrument was made under the authority of the Veterans’ Entitlements Act 1986 by Jeanette Ricketts, the Branch Head of Income Support and a delegate of the Repatriation Commission within the Department of Veterans’ Affairs. The primary objective of this determination is to provide an exempt lump sum to ex-gratia payments for British groups who were held prisoner by the Japanese during World War Two, including surviving former members of HM Armed Forces, colonial forces, Merchant Navy personnel, British civilians interned by the Japanese, and the surviving spouses of those eligible. This determination aims to recognise and support the unique hardships faced by these groups during their wartime experiences.

Scope and Application

The Veterans' Entitlements Income Exempt Lump Sum Determination No. 2 of 2001 applies to ex-gratia payments made to specific categories of individuals who were held prisoner or interned by the Japanese during World War Two in the Far East, and to their surviving spouses. These categories include surviving former members of HM Armed Forces, certain members of colonial forces such as the Indian Army and Burmese Armed Forces, surviving members of the Merchant Navy who were imprisoned by the Japanese, surviving British civilians interned by the Japanese, and surviving widows or widowers of those who would have been entitled to the payment if they were still alive. This determination is made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 and applies from 7 November 2000. The determination classifies these payments as exempt lump sums for the purposes of the Act, meaning they are not considered as income for the purposes of calculating veterans’ entitlements. The application of this determination is limited to the specific groups and circumstances outlined and does not extend to other forms of payments or different categories of veterans or their families.

Key Provisions

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 2 of 2001 primarily addresses the classification of certain payments as exempt lump sums under the Veterans’ Entitlements Act 1986. Section 2.1(1) of the determination outlines that amounts or classes of amounts received by eligible individuals are considered exempt lump sums if determined by the Commission. Specifically, section 2.1(2) identifies ex-gratia payments made to five categories of people, including surviving former members of the British Armed Forces who were held as prisoners of war by the Japanese during World War Two, certain former colonial forces and Indian Army and Burmese Armed Forces members, surviving members of the Merchant Navy, surviving British civilians interned by the Japanese, and the surviving widows or widowers of eligible individuals who were married at the time of death. The obligations imposed by the Act on the parties it governs include the requirement for the Repatriation Commission to determine whether specific payments qualify as exempt lump sums, as per section 2.1. This process ensures that eligible recipients of ex-gratia payments for their wartime experiences are appropriately classified under the legislation. The Commission must ensure that payments made to the identified categories of individuals, as specified in section 2.1(2), are deemed exempt lump sums from the date of payment, as outlined in section 2.2(1). In terms of breaches, the Veterans’ Entitlements Act 1986 does not explicitly detail offences or penalties within this determination. However, any failure by the Commission to correctly classify eligible payments as exempt lump sums could potentially lead to financial implications for the recipients, as they may be subject to income assessment for these payments if not properly exempted. The broader legislative framework of the Act might impose administrative penalties for non-compliance with its provisions, but specific penalties are not detailed in this determination.