Overview

The Veterans’ Entitlements Income (Exempt Lump Sum—Great Barrier Reef Employee Assistance Payment) Determination Instrument No. R24/2004 was enacted to address a specific gap in the Veterans’ Entitlements Act 1986 (VEA) concerning the treatment of certain payments received by eligible veterans. The determination was made by Jeanette Ricketts, Branch Head of the Income Support Branch at the Department of Veterans’ Affairs, acting as a delegate of the Repatriation Commission. The policy objective was to ensure that payments received under the Employee Assistance component of the Great Barrier Reef Marine Park Structural Adjustment Package, when received by eligible veterans or their partners, are not considered ordinary income for the purposes of determining veterans’ entitlements. This legislative instrument was designed to provide clarity and ensure that these specific payments do not impact the income support received by veterans who qualify for service pensions or income support supplements.

Scope and Application

The Veterans' Entitlements Income (Exempt Lump Sum—Great Barrier Reef Employee Assistance Payment) Determination No. R24/2004 applies to individuals who have received an employee assistance payment under the Great Barrier Reef Marine Park Structural Adjustment Package, as well as their partners, if they are also eligible for or in receipt of a service pension or income support supplement under the Veterans’ Entitlements Act 1986. This legislative instrument determines that such payments are exempt from being classified as ordinary income for the purposes of the VEA. The application of this determination is confined to the Commonwealth of Australia and comes into effect on the date it is signed by the delegate of the Repatriation Commission, as stated in the determination. There are no exclusions or exemptions specified within the determination itself, although it is subject to the broader provisions of the VEA and any relevant subordinate legislation. The scope of the determination is further defined by its reliance on the definitions provided within the VEA, such as the definitions of "service pension" and "income support supplement."

Key Provisions

The main operative sections of this determination, found under Part 2, establish the specific conditions under which the Great Barrier Reef Employee Assistance Payment is deemed an exempt lump sum (section 2). If a person or their partner receives an employee assistance payment on or after the commencement date of this determination, and if the person is eligible for, or currently receiving, a service pension or an income support supplement, then the amount received as an employee assistance payment is classified as an exempt lump sum (section 2.1). This means that this payment is not considered ordinary income for the purposes of the Veterans' Entitlements Act 1986. The determination imposes specific obligations and requirements on the parties it governs. Firstly, it mandates that the Repatriation Commission delegate, in this case, Jeanette Ricketts, must identify whether the conditions specified in section 2.1 are met. This involves verifying that the individual or their partner has received the employee assistance payment after the commencement of this determination, and that they are eligible for or in receipt of a service pension or income support supplement. If these conditions are met, the payment is classified as an exempt lump sum, thereby exempting it from being considered ordinary income for veterans' entitlements purposes. Failure to comply with the provisions of this determination may result in civil or criminal consequences, although the specific penalties are not detailed within the text of this legislative instrument. Generally, breaches of provisions under the Veterans' Entitlements Act 1986 could potentially result in fines or other penalties as prescribed by the relevant legislation. The exact penalties would need to be referred to in the primary act or any related regulations or amendments. However, it is important to note that this determination itself does not specify the exact penalties for non-compliance, and such information would need to be sought from the broader legislative framework within which this determination operates.