Overview

The Veterans’ Entitlements Income (Exempt Lump Sum - South Australian Fishery Payment) Determination 2006 No. R4 was enacted to address the specific financial implications for South Australian fishery licence holders affected by the River Murray fishery restructure, which included the banning of gill nets and a reduction in the number of commercial fishery licences. This instrument ensures that payments made by the State Government of South Australia to these affected licence holders as part of the restructure adjustment package are exempt from being assessed as income for the purposes of the Veterans’ Entitlements Act 1986. By deeming these payments as exempt lump sums, the determination protects the pension and income support benefits of affected veterans who may also be recipients of these payments. The enactment of this instrument by the relevant authorities was intended to provide clarity and consistency in the administration of these payments, ensuring they do not adversely affect the income assessment for veterans’ entitlements.

Scope and Application

The Veterans’ Entitlements Income (Exempt Lump Sum - South Australian Fishery Payment) Determination 2006 applies specifically to the lump sum payments made by the South Australian Government to commercial fishery licence holders under the River Murray fishery licence holders restructure adjustment package. These payments are exempt from being classified as ordinary income for the purposes of means-testing under the Veterans’ Entitlements Act 1986. This exemption ensures that veterans or their partners who receive such payments and are also beneficiaries of service pensions or income support supplements from the Department of Veterans’ Affairs will not have their veterans' benefits adversely affected by these payments. The exemption is limited to the specific payments made by the South Australian Government and does not extend to any other payments or income sources. The instrument was developed in consultation with various government departments to ensure a coordinated approach and is designed to benefit clients by exempting the South Australian fishery payment from the veterans’ entitlements income test.

Key Provisions

The Veterans’ Entitlements Income (Exempt Lump Sum - South Australian Fishery Payment) Determination 2006 (No. R4) (the Determination) operates under subsection 5H(12) of the Veterans’ Entitlements Act 1986 (VEA). This instrument specifies that payments made by the State Government of South Australia in respect of the River Murray fishery licence holders restructure adjustment package are exempt lump sums (section 1). These payments are not considered ordinary income for the purposes of means-testing for service pension or income support supplement under subsection 5H(1) of the VEA (section 1). The specific amount of the exempt lump sum is detailed in Part 2 of the Schedule of the Determination (section 2). Entities and individuals subject to this Determination include those receiving payments from the River Murray fishery licence holders restructure adjustment package. The primary obligation is to ensure that such payments are not assessed as income for the purposes of determining eligibility or the amount of veterans’ entitlements, such as service pension or income support supplement (section 3). This requirement applies to any affected veterans or their partners who may also be receiving income support payments from the Department of Veterans’ Affairs. Breaches of the provisions of this Determination are not explicitly detailed within the text. However, under the VEA, failure to correctly apply the provisions of this Determination in the context of assessing veterans’ entitlements could result in civil or administrative penalties. These penalties might include the need to repay any incorrectly received payments, as well as potential legal action for non-compliance. The exact penalties would be determined under the relevant provisions of the VEA, which may include financial penalties or other corrective measures.