Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum—Great Barrier Reef Employee Assistance Payment) Determination

Instrument No. R24/2004

I, JEANETTE RICKETTS, Branch Head, Income Support Branch, Department of Veterans’ Affairs, and delegate of the Repatriation Commission, determine, under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 (VEA), that an amount specified in Part 2 of the Schedule as an exempt lump sum is an exempt lump sum for the purposes of the definition of “ordinary income” in subsection 5H(1) of the VEA.

Dated  3 November  2004

…………………………………

(JEANETTE RICKETTS)

SCHEDULE

Part 1: Preliminary and Interpretation

1.              Explanation

1.1              Paragraph 5H(12)(c) of the VEA enables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum. The consequence of the determination is that the amount, or class of amounts, is not ordinary income for the purposes of the VEA .

1.2 Name of Determination

1.2.1        This determination is the Veterans' Entitlements Income (Exempt Lump Sum—Great Barrier Reef Employee Assistance Payment) Determination No. R24 of 2004.

1.3        Commencement of Determination

1.3.1        This Determination commences on the day on which it is signed by the Commission delegate.

1.4        Definitions

1.4.1        In this Determination:

 “employee assistance payment” means a payment under the Employee Assistance component of the Great Barrier Reef Marine Park Structural Adjustment Package.

“service pension” has the meaning given in subsection 5Q(1) of the VEA.

“income support supplement” means the payment called the income support supplement payable under Part IIIA of the VEA.

Part 2: Exempt Lump Sum

2.              Exempt Lump Sum—employee assistance payment

2.1              If:

(a)               a person or the person’s partner has received an employee assistance payment on or after the commencement of this determination; and

(b)               the person is eligible for, or in receipt of, a service pension or income support supplement;

then the amount received by the person or the person’s partner, as an employee assistance payment, is an exempt lump sum.