{"id":"F2025L00759","name":"Veterans’ Entitlements (Asset-test Exempt Income Stream—Lifetime Income Stream Guidelines) Determination 2025","slug":"veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106525,"registerId":"commonwealth-F2025L00759-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"![Coat of Arms of the Commonwealth of Australia](image.001.jpeg)\n\nVeterans’ Entitlements (Asset-test Exempt Income Stream—Lifetime Income Stream Guidelines) Determination 2025\n\nThe Repatriation Commission makes the following instrument.\n\nDated 19 June 2025\n\nThe Seal of the\n\nRepatriation Commission\n\nwas affixed to this instrument\n\nat the direction of:\n\n| Alison Frame | Mark Brewer      |\n| ------------ | ---------------- |\n|              | AM CSC and Bar   |\n| President    | Deputy President |\n| Gwen Cherne  | Kahlil Fegan     |\n|              | DSC AM           |\n| Commissioner | Commissioner     |\n\n  \n\nContents\n\nPart 1—Preliminary 3\n\n1 Name 3\n\n2 Commencement 3\n\n3 Authority 3\n\n4 Repeals 3\n\n5 Definitions 3\n\nPart 2—Guidelines 4\n\n6 Lifetime income stream—public sector fund or public sector superannuation scheme 4\n\n7 Lifetime income stream—private sector fund 4\n\n  \n\n# Part 1—Preliminary\n\n## 1 Name\n\n> This instrument is the Veterans’ Entitlements (Asset-test Exempt Income Stream—Lifetime Income Stream Guidelines) Determination 2025.\n\n## 2 Commencement\n\n> This instrument commences on the day after the day it is registered.\n\n## 3 Authority\n\n> This instrument is made under subsection 5JA(6) of the Veterans’ Entitlements Act 1986.\n\n## 4 Repeals\n\n> The Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Determination 2015 (Instrument 2015 No. R9) is repealed.\n\n## 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    asset-test exempt income stream\n    commencement day\n    Commission\n    defined benefit income stream\n    income stream.\n\n> In this instrument:\n\n> 1998 Act means the Veterans’ Entitlements Act 1986 as in force immediately before 20 September 1998.\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> lifetime income stream, in relation to a person, means an income stream under which payments are made, at least annually:\n\n    (a) throughout the life of the person; and\n    (b) if there is a reversionary beneficiary—throughout the life of the reversionary beneficiary.\n\n> private sector fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n> public sector fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n> public sector superannuation scheme has the same meaning as in subsection 10(1) of the SIS Act.\n\n> SIS Act means the Superannuation Industry (Supervision) Act 1993.\n\n> superannuation fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n  \n\n# Part 2—Guidelines\n\n## 6 Lifetime income stream—public sector fund or public sector superannuation scheme\n\n  The Commission may determine that an income stream arising under a public sector fund or a public sector superannuation scheme is an asset‑test exempt income stream for the purposes of the Act if the income stream:\n    (a) is a lifetime income stream; and\n    (b) is a defined benefit income stream; and\n    (c) is paid from a public sector fund or a public sector superannuation scheme that was established before 20 September 1998; and\n    (d) was a superannuation pension, regardless of its commencement day:\n      (i) under the 1998 Act; and\n      (ii) the value of which was disregarded in calculating the beneficiary’s assets under section 52 of the 1998 Act.\n\n## 7 Lifetime income stream—private sector fund\n\n  The Commission may determine that an income stream arising under a private sector fund is an asset‑test exempt income stream for the purposes of the Act if the income stream:\n    (a) is a lifetime income stream; and\n    (b) is a defined benefit income stream; and\n    (c) is paid from a private sector fund that was established before 20 September 1998; and\n    (d) was a superannuation pension, regardless of its commencement day:\n      (i) under the 1998 Act; and\n      (ii) the value of which was disregarded in calculating the beneficiary’s assets under section 52 of the 1998 Act; and\n    (e) became payable to the primary beneficiary or a reversionary beneficiary because of the primary beneficiary’s previous employment.","sortOrder":0},{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\n> This instrument is the Veterans’ Entitlements (Asset-test Exempt Income Stream—Lifetime Income Stream Guidelines) Determination 2025.","sortOrder":1},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 Commencement\n\n> This instrument commences on the day after the day it is registered.","sortOrder":2},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\n> This instrument is made under subsection 5JA(6) of the Veterans’ Entitlements Act 1986.","sortOrder":3},{"sectionNumber":"4","sectionType":"part","heading":"Repeals","content":"## 4 Repeals\n\n> The Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Determination 2015 (Instrument 2015 No. R9) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"part","heading":"Definitions","content":"## 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    asset-test exempt income stream\n    commencement day\n    Commission\n    defined benefit income stream\n    income stream.\n\n> In this instrument:\n\n> 1998 Act means the Veterans’ Entitlements Act 1986 as in force immediately before 20 September 1998.\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> lifetime income stream, in relation to a person, means an income stream under which payments are made, at least annually:\n\n    (a) throughout the life of the person; and\n    (b) if there is a reversionary beneficiary—throughout the life of the reversionary beneficiary.\n\n> private sector fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n> public sector fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n> public sector superannuation scheme has the same meaning as in subsection 10(1) of the SIS Act.\n\n> SIS Act means the Superannuation Industry (Supervision) Act 1993.\n\n> superannuation fund has the same meaning as in subsection 10(1) of the SIS Act.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Guidelines","content":"![Coat of Arms of the Commonwealth of Australia](image.001.jpeg)\n\nVeterans’ Entitlements (Asset-test Exempt Income Stream—Lifetime Income Stream Guidelines) Determination 2025\n\nThe Repatriation Commission makes the following instrument.\n\nDated 19 June 2025\n\nThe Seal of the\n\nRepatriation Commission\n\nwas affixed to this instrument\n\nat the direction of:\n\n| Alison Frame | Mark Brewer      |\n| ------------ | ---------------- |\n|              | AM CSC and Bar   |\n| President    | Deputy President |\n| Gwen Cherne  | Kahlil Fegan     |\n|              | DSC AM           |\n| Commissioner | Commissioner     |\n\n  \n\nContents\n\nPart 1—Preliminary 3\n\n1 Name 3\n\n2 Commencement 3\n\n3 Authority 3\n\n4 Repeals 3\n\n5 Definitions 3\n\nPart 2—Guidelines 4\n\n6 Lifetime income stream—public sector fund or public sector superannuation scheme 4\n\n7 Lifetime income stream—private sector fund 4\n\n  \n\n# Part 1—Preliminary\n\n## 1 Name\n\n> This instrument is the Veterans’ Entitlements (Asset-test Exempt Income Stream—Lifetime Income Stream Guidelines) Determination 2025.\n\n## 2 Commencement\n\n> This instrument commences on the day after the day it is registered.\n\n## 3 Authority\n\n> This instrument is made under subsection 5JA(6) of the Veterans’ Entitlements Act 1986.\n\n## 4 Repeals\n\n> The Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Determination 2015 (Instrument 2015 No. R9) is repealed.\n\n## 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    asset-test exempt income stream\n    commencement day\n    Commission\n    defined benefit income stream\n    income stream.\n\n> In this instrument:\n\n> 1998 Act means the Veterans’ Entitlements Act 1986 as in force immediately before 20 September 1998.\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> lifetime income stream, in relation to a person, means an income stream under which payments are made, at least annually:\n\n    (a) throughout the life of the person; and\n    (b) if there is a reversionary beneficiary—throughout the life of the reversionary beneficiary.\n\n> private sector fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n> public sector fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n> public sector superannuation scheme has the same meaning as in subsection 10(1) of the SIS Act.\n\n> SIS Act means the Superannuation Industry (Supervision) Act 1993.\n\n> superannuation fund has the same meaning as in subsection 10(1) of the SIS Act.\n\n  \n\n# Part 2—Guidelines\n\n## 6 Lifetime income stream—public sector fund or public sector superannuation scheme\n\n  The Commission may determine that an income stream arising under a public sector fund or a public sector superannuation scheme is an asset‑test exempt income stream for the purposes of the Act if the income stream:\n    (a) is a lifetime income stream; and\n    (b) is a defined benefit income stream; and\n    (c) is paid from a public sector fund or a public sector superannuation scheme that was established before 20 September 1998; and\n    (d) was a superannuation pension, regardless of its commencement day:\n      (i) under the 1998 Act; and\n      (ii) the value of which was disregarded in calculating the beneficiary’s assets under section 52 of the 1998 Act.\n\n## 7 Lifetime income stream—private sector fund\n\n  The Commission may determine that an income stream arising under a private sector fund is an asset‑test exempt income stream for the purposes of the Act if the income stream:\n    (a) is a lifetime income stream; and\n    (b) is a defined benefit income stream; and\n    (c) is paid from a private sector fund that was established before 20 September 1998; and\n    (d) was a superannuation pension, regardless of its commencement day:\n      (i) under the 1998 Act; and\n      (ii) the value of which was disregarded in calculating the beneficiary’s assets under section 52 of the 1998 Act; and\n    (e) became payable to the primary beneficiary or a reversionary beneficiary because of the primary beneficiary’s previous employment.","sortOrder":6},{"sectionNumber":"6","sectionType":"part","heading":"Lifetime income stream—public sector fund or public sector superannuation scheme","content":"## 6 Lifetime income stream—public sector fund or public sector superannuation scheme\n\n  The Commission may determine that an income stream arising under a public sector fund or a public sector superannuation scheme is an asset‑test exempt income stream for the purposes of the Act if the income stream:\n    (a) is a lifetime income stream; and\n    (b) is a defined benefit income stream; and\n    (c) is paid from a public sector fund or a public sector superannuation scheme that was established before 20 September 1998; and\n    (d) was a superannuation pension, regardless of its commencement day:\n      (i) under the 1998 Act; and\n      (ii) the value of which was disregarded in calculating the beneficiary’s assets under section 52 of the 1998 Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"part","heading":"Lifetime income stream—private sector fund","content":"## 7 Lifetime income stream—private sector fund\n\n  The Commission may determine that an income stream arising under a private sector fund is an asset‑test exempt income stream for the purposes of the Act if the income stream:\n    (a) is a lifetime income stream; and\n    (b) is a defined benefit income stream; and\n    (c) is paid from a private sector fund that was established before 20 September 1998; and\n    (d) was a superannuation pension, regardless of its commencement day:\n      (i) under the 1998 Act; and\n      (ii) the value of which was disregarded in calculating the beneficiary’s assets under section 52 of the 1998 Act; and\n    (e) became payable to the primary beneficiary or a reversionary beneficiary because of the primary beneficiary’s previous employment.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument repeals the 2015 Determination and substitutes criteria that allow the Commission to exempt from the asset test lifetime defined‑benefit pensions paid from funds/schemes established before 20 September 1998 whose value was previously disregarded under s52 of the pre‑1998 Act. It maintains a narrow eligibility envelope and adds an explicit employment‑link condition for private‑fund reversions (s7(e)), so it appears to preserve rather than materially broaden scope."},"complexity_factors":["Discretionary decision-making: Commission has permissive power ('may determine') to declare an income stream exempt (ss 6–7), creating administrative discretion.","Cross-references to multiple statutes and provisions: definitions and tests refer to the Act, the 1998 version of the Act, the SIS Act and s52 of the 1998 Act (s5, ss6–7).","Dual tracks and differing conditions: separate criteria for public sector funds/schemes (s6) and private sector funds with an extra employment‑link requirement for reversions (s7(e)).","Temporal threshold: requirement that the paying fund/scheme was established before 20 September 1998 (ss6(c),7(c)) imposes historical verification.","Evidentiary and compliance burden: applicants or administrators must show the pension was previously disregarded under s52 of the 1998 Act and that the fund type and establishment date qualify (ss5,6,7).","Definition dependencies: key terms (lifetime income stream, defined benefit income stream, public/private sector fund) import other statutory meanings, expanding interpretive work (s5).","Repeal and replacement: repeals the 2015 Determination and replaces it with these guidelines (s4), requiring administrators to apply the new text to past and future cases."],"plain_english_summary":"This instrument lets the Repatriation Commission treat certain lifetime defined‑benefit superannuation pensions as asset‑test exempt for veterans’ entitlements. \n\nIt applies to pensions paid from public or private funds established before 20 September 1998 whose value was disregarded under section 52 of the pre‑1998 Act; for private‑fund reversions the payment must have arisen from the primary beneficiary’s employment, so it affects veterans and reversionary beneficiaries’ means‑testing."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment/replacement of the 2015 Determination with identical substantive scope. The instrument maintains the same narrow focus on pre-1998 lifetime income streams and does not expand beyond the original purpose of preserving assets test exemptions for legacy superannuation arrangements."},"complexity_factors":["Short instrument with only 7 operative sections","8 defined terms in section 5, with most defined by reference to external legislation (the SIS Act and Veterans' Entitlements Act)","Two parallel operative provisions (sections 6 and 7) with nearly identical structure, differing by only one additional condition in the private sector test","Heavy reliance on external statutory definitions (terms like 'defined benefit income stream', 'asset-test exempt income stream', and 'commencement day' are not defined in this instrument but in the parent Act)","Historical reference point fixed at 20 September 1998 creates a temporal condition that requires cross-referencing to superseded legislation","No nested exceptions, sub-delegations, or discretionary powers beyond the single determination power in each section"],"plain_english_summary":"This Determination tells when the Repatriation Commission can treat certain lifetime superannuation pensions as \"asset-test exempt\" for veterans and surviving partners. It covers defined-benefit lifetime pensions from funds established before 20 September 1998 — public sector pensions and private-sector pensions that arose from the veteran’s employment. Its effect is to preserve pre‑1998 exemption treatment for long-standing pensions, protecting older veterans’ entitlements; it replaces the 2015 Determination without changing substantive conditions."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio","history":"/api/acts/veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio/history","analysis":"/api/acts/veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio/analysis","conflicts":"/api/acts/veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio/conflicts","importantCases":"/api/acts/veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio/important-cases","documents":"/api/acts/veterans-entitlements-asset-test-exempt-income-stream-lifetime-income-stream-guidelines-determinatio/documents"}}