Veterans' Entitlements Income Exempt Lump Sum Determination No. 7 of 2001

Administered by Department of Veterans' Affairs

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VETERANS’ ENTITLEMENTS ACT 1986

 

 

 

 

Veterans’ Entitlements Income Exempt Lump Sum

Determination No. 7 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. 7 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. 7 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.

 

“age pensioner” means a person in receipt of an age pension under Part 2.2 of the Social Security Act 1991.

 

“Centrelink” means the Commonwealth Services Delivery Agency established under the Commonwealth Services Delivery Agency Act 1997.

 

“focus group” means the persons who are age pensioners or unemployed persons consulted about Centrelink processing requirements and arrangements.

 

“Rules Simplification Taskforce” is the Taskforce established to review Centrelink’s processing requirements and arrangements.

 

  “unemployed person” means a person in receipt of:

   

(i) a youth allowance under Part 2.11 of the Social Security Act 1991; or

  

(ii) a newstart allowance under Part 2.12 of the Social Security Act 1991.

 

 


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)                                       On 28 February 2001, Senator Amanda Vanstone, the Minister for Family and Community Services, announced the establishment of a Rules Simplification Taskforce.  The Taskforce aim is to review Centrelink’s processing requirements and arrangements, including consultation with a range of stakeholders and the formation of focus groups.

 

(3) A person, being an age pensioner or an unemployed person, who participates in a focus group for the Rules Simplification Taskforce, may be provided with financial assistance of $40, to partially reimburse that person for any expenses associated with that person’s participation in the focus group.

 

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 requirements of subclause 2.1(3) of this Determination, 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. 7 of 2001 was enacted in 2001 to address the need for financial reimbursement for individuals participating in focus groups convened by the Rules Simplification Taskforce. This legislative instrument was introduced to ensure that veterans and unemployed individuals, who are age pensioners or receive youth or newstart allowances, receive appropriate financial assistance for their participation in consultations regarding Centrelink processing requirements and arrangements. The determination was made by Jeanette Ricketts, a delegate of the Repatriation Commission, and it aims to provide a lump sum of $40 to reimburse participants for any expenses incurred during their involvement in these focus groups. This determination came into effect on the date of signature, thereby providing a clear and immediate framework for the reimbursement process. The Veterans' Entitlements Act 1986 was the primary Act under which this determination was made, with the objective of simplifying and improving Centrelink's processing requirements and arrangements through stakeholder consultation. By classifying the financial assistance provided to focus group participants as an exempt lump sum, the determination ensures that such payments do not affect the recipients' eligibility for certain benefits, thereby encouraging broader participation in the consultation process.

Scope and Application

The Veterans' Entitlements Income Exempt Lump Sum Determination No. 7 of 2001 applies to persons who are either age pensioners or unemployed individuals, specifically those participating in a focus group established by the Rules Simplification Taskforce. This Taskforce was set up to review Centrelink's processing requirements and arrangements, including stakeholder consultations. The geographic and jurisdictional reach of this legislation is Commonwealth-wide, as it involves Centrelink, a federal entity. The determination specifies that financial assistance of $40, provided to age pensioners or unemployed persons for their participation in the focus group, is classified as an exempt lump sum under the Veterans’ Entitlements Act 1986. This classification exempts the lump sum from certain income assessments, ensuring that the financial assistance does not adversely affect the recipients' eligibility for other benefits. The determination came into effect on the date of its signature, and its application may be extended or further specified through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 7 of 2001 (the Determination) specifies certain financial assistance amounts to be considered “exempt lump sums” under the Veterans’ Entitlements Act 1986 (the Act). Specifically, section 2.1(3) of the Determination identifies that financial assistance of $40, provided to age pensioners or unemployed persons participating in a focus group for the Rules Simplification Taskforce, is an exempt lump sum. This determination applies to payments made on or after the commencement date of the Determination, which is the date of signature, 7 August 2001. The Determination imposes certain obligations on the parties it governs. Primarily, it requires that any financial assistance provided to age pensioners or unemployed persons who participate in focus groups for the Rules Simplification Taskforce must be limited to $40, and this amount must be paid in accordance with the specified requirements. This obligation is explicitly stated in section 2.1(3) of the Determination, which aligns with the legislative requirement under paragraph 5H(12)(c) of the Act. Failure to comply with the provisions of the Determination may result in various consequences. While the Determination itself does not explicitly state offences or penalties, breaches of the Act, which governs the Determination, may lead to civil or criminal penalties. Under the Act, unauthorised payments or improper use of funds can result in legal action, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be significant, reflecting the importance of adhering to legislative requirements.

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