VETERANS’ ENTITLEMENTS ACT 1986
Veterans’ Entitlements Income Exempt Lump Sum
Determination No. 6 of 2001
I, JEANETTE RICKETTS, delegate of the Repatriation Commission, hereby determine the “amount or one of a class of amounts” specified in Part 2 of the attached Schedule to this instrument to be an “exempt lump sum” in accordance with paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.
Dated this Seventh day of August 2001.
JEANETTE RICKETTS
Delegate
Veterans’ Entitlements Income Exempt Lump Sum Determination No. 6 of 2001
Schedule
Part 1: Preliminary and Interpretation
1.1 NAME OF DETERMINATION
This determination is the Veterans’ Entitlements Income Exempt Lump Sum Determination No. 6 of 2001.
1.2 COMMENCEMENT
This determination commences on the date of signature.
1.3 DEFINITIONS
In this determination:
“Act” means the Veterans’ Entitlements Act 1986.
“Regulations” means the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001.
“Motorcycle Benefit” means any payment authorised by the Repatriation Commission, under the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001, to reimburse disabled veterans for the amount of Goods and Services Tax paid for the purchase of motorcycles or eligible parts.
“Disabled veteran” has the same meaning as stated in Regulation 4 of the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001.
Part 2: Amount or class of amounts declared to be an exempt lump sum
2.1 Amount or Class of Amounts
(1) Paragraph 5H(12)(c) of the Act provides that an amount, or class of
amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.
(2) Under section 216 of the Act the Governor-General has approved Regulations, known as the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001, which authorise the reimbursement to disabled veterans of the amount of Goods and Services Tax paid on the purchase of motorcycles or eligible parts.
(3) The Regulations were gazetted on 2 August 2001, with a date of effect of 1 July 2000.
2.2 Application – Exempt Lump Sums
(1) It is appropriate to determine that an amount, or class of amounts,
paid to a person, on or after the commencement of this Determination, in accordance with the Regulations, is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Act from the date that the amount is paid.
Overview
The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 6 of 2001 was enacted to address the need for exempting certain lump sum payments from veterans' income assessments. This legislative instrument was introduced by Jeanette Ricketts, a delegate of the Repatriation Commission, under the authority granted by the Veterans’ Entitlements Act 1986. The primary objective of this determination is to provide clarity and ensure that specific payments made to disabled veterans, such as reimbursements for the Goods and Services Tax on the purchase of motorcycles or eligible parts, are recognised as exempt lump sums. This ensures that these payments do not affect the income assessment for other veteran entitlements, thereby providing necessary financial relief to disabled veterans without impacting their overall benefits.
Scope and Application
The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 6 of 2001 applies to the reimbursements made to disabled veterans for the amount of Goods and Services Tax (GST) paid on the purchase of motorcycles or eligible parts, as authorised by the Veterans’ Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001. This legislation is a specific application of the Veterans’ Entitlements Act 1986, aimed at providing financial assistance to disabled veterans who have incurred GST on motorcycle purchases. The determination is effective from the date of signature and seeks to classify these reimbursements as "exempt lump sums" under the Act, thereby excluding them from certain income assessments for the purpose of determining veterans’ entitlements. The scope of this legislation is limited to the specified reimbursements and does not extend to other types of payments or benefits provided to veterans.
Key Provisions
The Veterans' Entitlements Income Exempt Lump Sum Determination No. 6 of 2001 specifies certain amounts that are exempt lump sums under the Veterans' Entitlements Act 1986 (the Act). This determination is particularly concerned with amounts related to the Motorcycle Benefit, which is a payment authorised by the Repatriation Commission to reimburse disabled veterans for the Goods and Services Tax (GST) paid on the purchase of motorcycles or eligible parts. The determination is made under section 216 of the Act, which allows the Governor-General to approve regulations related to special assistance, such as the Veterans' Entitlements (Special Assistance – Motorcycle Purchase) Regulations 2001.
This legislation imposes several obligations on the parties involved. Firstly, it requires that any amounts paid to disabled veterans under the approved regulations, specifically the Motorcycle Benefit, are recognised as exempt lump sums. This means these amounts are exempt from certain income assessments and are not considered part of the veteran's assessable income for tax purposes. Secondly, the determination ensures that these benefits are provided in a timely and consistent manner, as outlined in the approved regulations.
Failure to comply with the provisions of this determination or the related regulations can lead to civil or criminal consequences. The specific penalties for breach are not detailed in the text, but under the Veterans' Entitlements Act 1986, penalties for non-compliance can include fines and other sanctions. It is essential for all parties to adhere to the guidelines set out in the determination and the related regulations to avoid any legal repercussions. The precise penalties would be determined based on the nature and severity of the breach, in line with the relevant sections of the Act and any other applicable laws.