{"id":"F2025L00758","name":"Veterans’ Entitlements (Continued Fringe Benefits) Determination 2025","slug":"veterans-entitlements-continued-fringe-benefits-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106519,"registerId":"commonwealth-F2025L00758-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 (Continued Fringe Benefits) 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—Continued fringe benefits eligibility circumstances 3\n\n6 Continued fringe benefits eligibility circumstances 3\n\n  \n\n# Part 1—Preliminary\n\n## 1 Name\n\n  This instrument is the Veterans’ Entitlements (Continued Fringe Benefits) 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 subsections 53B(1) and (2) of the Veterans’ Entitlements Act 1986.\n\n## 4 Repeals\n\n  Veterans' Entitlements (Continued Fringe Benefits) Determination 2015 (Instrument 2015 No. R24) is repealed.\n\n## 5 Definitions\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n# Part 2—Continued fringe benefits eligibility circumstances\n\n## 6 Continued fringe benefits eligibility circumstances\n\n  For subsection 53A(2) of the Act, a continued fringe benefits eligibility circumstance is that the Commission determines that the person:\n\n  has capacity to work for more than 8 hours per week; and\n  is likely to have that capacity for the foreseeable future.","sortOrder":0},{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\n  This instrument is the Veterans’ Entitlements (Continued Fringe Benefits) 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 subsections 53B(1) and (2) of the Veterans’ Entitlements Act 1986.","sortOrder":3},{"sectionNumber":"4","sectionType":"part","heading":"Repeals","content":"## 4 Repeals\n\n  Veterans' Entitlements (Continued Fringe Benefits) Determination 2015 (Instrument 2015 No. R24) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"part","heading":"Definitions","content":"## 5 Definitions\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Continued fringe benefits eligibility circumstances","content":"![Coat of Arms of the Commonwealth of Australia](image.001.jpeg)\n\nVeterans’ Entitlements (Continued Fringe Benefits) 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—Continued fringe benefits eligibility circumstances 3\n\n6 Continued fringe benefits eligibility circumstances 3\n\n  \n\n# Part 1—Preliminary\n\n## 1 Name\n\n  This instrument is the Veterans’ Entitlements (Continued Fringe Benefits) 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 subsections 53B(1) and (2) of the Veterans’ Entitlements Act 1986.\n\n## 4 Repeals\n\n  Veterans' Entitlements (Continued Fringe Benefits) Determination 2015 (Instrument 2015 No. R24) is repealed.\n\n## 5 Definitions\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n# Part 2—Continued fringe benefits eligibility circumstances\n\n## 6 Continued fringe benefits eligibility circumstances\n\n  For subsection 53A(2) of the Act, a continued fringe benefits eligibility circumstance is that the Commission determines that the person:\n\n  has capacity to work for more than 8 hours per week; and\n  is likely to have that capacity for the foreseeable future.","sortOrder":6},{"sectionNumber":"6","sectionType":"part","heading":"Continued fringe benefits eligibility circumstances","content":"## 6 Continued fringe benefits eligibility circumstances\n\n  For subsection 53A(2) of the Act, a continued fringe benefits eligibility circumstance is that the Commission determines that the person:\n\n  has capacity to work for more than 8 hours per week; and\n  is likely to have that capacity for the foreseeable future.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2015 determination with identical substantive content. The scope remains limited to specifying the circumstances for continued fringe benefits eligibility, which is precisely what the empowering provision (section 53B of the Veterans' Entitlements Act 1986) authorises. No expansion beyond the original purpose."},"complexity_factors":["Extremely short instrument - only 6 operative sections","Single defined term ('Act') in the interpretation section","No cross-references to other legislation beyond the empowering provision (Veterans' Entitlements Act 1986, subsections 53B(1) and (2))","Only one substantive operational provision (section 6) containing a simple two-part test","No nested exceptions, conditional logic, or temporal limitations beyond standard commencement provisions","Straightforward repeal of a single previous instrument (2015 No. R24)"],"plain_english_summary":"This determination sets a clear test for when veterans assessed under the Veterans' Entitlements Act 1986 can continue receiving fringe benefits tax concessions. If the Repatriation Commission finds a veteran has the capacity to work more than 8 hours per week and that capacity is likely to continue, the FBT concessions remain. It replaces the 2015 determination."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument repeals the Veterans' Entitlements (Continued Fringe Benefits) Determination 2015 (s4) and replaces it with a new criterion: the Commission must determine the person has capacity to work more than 8 hours per week and is likely to have that capacity for the foreseeable future (s6). The practical scope of change depends on how undefined terms and cross-references in the Veterans’ Entitlements Act (subsection 53A(2) and ss53B(1)–(2)) are applied."},"complexity_factors":["Very short, single eligibility test: continued fringe benefits hinge on a >8 hours/week capacity and its likely persistence — low statutory complexity (s6).","Decision delegated to the Repatriation Commission: administrative discretion in making capacity and likelihood findings (s6).","Key terms left undefined in this instrument: 'capacity to work', 'likely', and 'foreseeable future' will require interpretation or cross-reference to the Act or medical evidence, increasing legal uncertainty (s6).","Repeals prior Determination 2015 and substitutes a new rule, so practitioners must compare instruments and consult the Act for interactions (s4; s3 references subsections 53B(1)–(2) and s6 refers to subsection 53A(2) of the Act).","Immediate commencement (day after registration) raises implementation and transitional timing issues for case managers and recipients (s2).","Operational impact on benefit continuity: who receives continued fringe benefits depends on Commission findings, affecting recipients' income/security and administrative workload (s6)."],"plain_english_summary":"This instrument replaces the 2015 Determination and sets the rule for continuing fringe benefits under the Veterans’ Entitlements Act. The Repatriation Commission must decide that a person can work more than 8 hours per week and is likely to keep that capacity for the foreseeable future. It affects veterans whose benefit entitlement depends on ongoing medical or work-capacity assessments, because continuation of fringe benefits now turns on the Commission’s finding about hours-capacity and its likely persistence."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-continued-fringe-benefits-determination-2025","history":"/api/acts/veterans-entitlements-continued-fringe-benefits-determination-2025/history","analysis":"/api/acts/veterans-entitlements-continued-fringe-benefits-determination-2025/analysis","conflicts":"/api/acts/veterans-entitlements-continued-fringe-benefits-determination-2025/conflicts","importantCases":"/api/acts/veterans-entitlements-continued-fringe-benefits-determination-2025/important-cases","documents":"/api/acts/veterans-entitlements-continued-fringe-benefits-determination-2025/documents"}}