Veterans' Entitlements Income Exempt Lump Sum Determination No. 8 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B02314 Not in force Legislative Instrument

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VETERANS’ ENTITLEMENTS ACT 1986

 

 

 

 

Veterans’ Entitlements Income Exempt Lump Sum

Determination No. 8 of 2001

 

 

 

I, ROGER WINZENBERG, 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 Twelfth day of December 2001.

 

 

 

 

 

 

ROGER WINZENBERG

Delegate


Veterans’ Entitlements Income Exempt Lump Sum
Determination No. 8 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. 8 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.

 

“eligible household” means a household where there is more than one person residing in that household who is eligible to complete a personal questionnaire and each eligible person in that household completes that questionnaire.

 

“eligible single household” means either:

 

(a)               a household where there is only one person residing in that household who is eligible to complete a personal questionnaire and that person completes that questionnaire; or

 

(b)               a household where there is more than one person residing in that household who is eligible to complete a personal questionnaire but only one person completes that questionnaire.

 

“HILDA survey” means the Household, Income and Labour Dynamics in Australia survey.

 

“personal questionnaire” means the questionnaire prepared for the Household, Income and Labour Dynamics in Australia survey.

 


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.

 

Eligible household amount

 

(2)                                       Where every person, eligible to complete the personal questionnaire of an eligible household, completes that questionnaire, then, that eligible household may be provided financial assistance of $50, to partially reimburse that eligible household for any expenses associated with that household’s participation in the HILDA survey.

 

Eligible single household amount

 

(3) Where only one person, eligible to complete the personal questionnaire of an eligible single household, completes that questionnaire, then, that eligible single household may be provided financial assistance of $20, to partially reimburse that eligible single household for any expenses associated with that household’s participation in the HILDA survey.

 

2.2                                      Application – Exempt Lump Sums

 

(1)                                       It is appropriate to determine that an amount, or class of amounts,

paid to a person, on behalf of either an eligible household or an eligible single household, before, on, or after the commencement of this determination, in accordance with the requirements of subclauses 2.1(2) or 2.1(3) of this determination, as the case may be, 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. 8 of 2001 was enacted to address the need for financial assistance to eligible households participating in the Household, Income and Labour Dynamics in Australia (HILDA) survey. This legislative instrument was introduced to provide specific amounts to eligible households to help offset the costs associated with their participation in the survey, thereby supporting the collection of vital socio-economic data. This determination was made under the authority of the Veterans’ Entitlements Act 1986, and the policy objective is to facilitate the participation of eligible households in the HILDA survey by offering financial incentives. The determination specifies that an eligible household, where all eligible members complete the personal questionnaire, may receive $50, while an eligible single household, where only one eligible member completes the questionnaire, may receive $20. These payments are considered exempt lump sums under the Act, ensuring they do not affect the recipients' income support entitlements.

Scope and Application

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 8 of 2001 applies to eligible households and eligible single households participating in the Household, Income and Labour Dynamics in Australia (HILDA) survey. This legislation, determined by Roger Winzenberg as a delegate of the Repatriation Commission, provides financial assistance to these households to partially reimburse them for any expenses associated with their participation in the survey. An eligible household, where every eligible person completes the personal questionnaire, may receive financial assistance of $50, while an eligible single household, where only one eligible person completes the questionnaire, may receive $20. This determination is applicable from the date of its signature and aligns with the provisions of paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986. The application of this Act is specific to the context of the HILDA survey and does not extend to other forms of income or financial assistance.

Key Provisions

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 8 of 2001 specifies financial assistance amounts that qualify as exempt lump sums under the Veterans’ Entitlements Act 1986 (section 2.1). Specifically, it provides that eligible households can receive a financial assistance of $50 if all eligible individuals complete a personal questionnaire, while eligible single households receive $20 if only one eligible individual completes the questionnaire (section 2.1(2) and 2.1(3)). This financial assistance is meant to partially reimburse households for their participation in the Household, Income and Labour Dynamics in Australia (HILDA) survey. The Act imposes obligations on eligible households and eligible single households to complete personal questionnaires to qualify for these lump sum payments. An eligible household must have all eligible individuals complete the questionnaire to receive the $50 assistance, while an eligible single household must have at least one eligible individual complete the questionnaire to receive the $20 assistance (section 2.1(2) and 2.1(3)). Failure to comply with these requirements will mean the household does not qualify for the financial assistance. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaching the terms of this Determination. However, not meeting the requirements for completing the personal questionnaire could result in the household not receiving the intended financial assistance. The Determination does not specify any other penalties for non-compliance, leaving it to the broader legal framework to address any potential breaches.

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