{"id":"F2019L01408","name":"Veterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019","slug":"veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100241,"registerId":"commonwealth-F2019L01408-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019","content":"![](image.001.png)\n\nVeterans’ Entitlements Act 1986\n\nVeterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019\n\nInstrument 2019 No. R45\n\nI, EDEL KAIROUZ, delegate of the Repatriation Commission, make the following determination under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.\n\nDated this 15th day of October 2019\n\n…..E Kairouz….\n\nEDEL KAIROUZ\n\n  \n1 Name\n\nThis determination is the Veterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019.\n\n2 Commencement\n\nThis determination is taken to have commenced on 1 July 2018.\n\n3 Authority\n\nThis determination is made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.\n\n4 Definitions\n\nIn this determination:\n\n“income support supplement” means the payment called the income support supplement payable under Part IIIA of the Veterans’ Entitlements Act 1986.\n\n“compensation payment on behalf of the ADF” means a payment of compensation made by the Commonwealth on behalf of the ADF as the consequence of a claim for compensation for historical child sexual abuse as a member of the ADF.\n\n“service pension” has the same meaning as it has in subsection 5Q(1) of the Veterans’ Entitlements Act 1986.\n\n“veteran payment” means the payment called the veteran payment payable under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n5 Exempt lump sum\n\nIf:\n\n(a) a person or a person’s partner receives a compensation payment on behalf of the ADF; and\n\n(b) the person is eligible for, or in receipt of:\n\n(i) an income support supplement; or\n\n(ii) a service pension; or\n\n(iii) a veteran payment;\n\nthen, the amount of the compensation payment on behalf of the ADF received by the person or the person’s partner is an exempt lump sum.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: exempting specific ADF historical child sexual abuse compensation payments from income testing for veteran benefits. The scope has not expanded beyond this targeted remedial purpose."},"complexity_factors":["Only 4 defined terms in the interpretation section","Single operative provision (section 5) with straightforward conditional logic (two basic conditions)","No cross-references to other legislation beyond basic definitional references to the parent Act","No nested exceptions or sub-exceptions","Total length is 6 short sections spanning less than 2 pages","Simple 'if-then' structure without multiple contingencies"],"plain_english_summary":"This law ensures lump-sum Commonwealth compensation for historical child sexual abuse experienced in the ADF is treated as an \"exempt lump sum\" and ignored when calculating veterans’ pensions and related income-tested benefits. It protects current and former ADF members (and affected partners) receiving service pension, income support supplement, or veteran payment from having their ongoing entitlements reduced. It applies retrospectively from 1 July 2018, covering payments made before the law’s October 2019 enactment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This determination expands the class of payments treated as 'exempt lump sums' by expressly including Commonwealth-paid compensation on behalf of the ADF for historical child sexual abuse claims and applies that treatment from 1 July 2018 (sections 2 and 5). Mechanically, it changes which lump sums are formally categorised as exempt for the purposes of veterans' income-support and pension arrangements; implementing that change requires cross-checking existing eligibility and means-testing rules referenced in the Act (section 4)."},"complexity_factors":["Cross-references to the Veterans’ Entitlements Act 1986 (authority under paragraph 5H(12)(c)), requiring alignment with existing statutory definitions and means-test rules (section 3).","Defined-term reliance: the instrument depends on definitions in the Act (eg. 'service pension' via subsection 5Q(1) and 'veteran payment' under section 45SB), so applying it needs checking multiple provisions (section 4).","Retrospective commencement to 1 July 2018 creates retrospective application and record-checking for payments made since that date (section 2).","Narrow qualifying condition: only payments made by the Commonwealth on behalf of the ADF for historical child sexual abuse claims qualify, so administrators must verify the payment source and qualifying cause (definition of 'compensation payment on behalf of the ADF' in section 4 and effect in section 5).","Partner inclusion means assessments must consider recipient/partner status, adding an administrative classification step (section 5).","Low statutory discretion in the text itself (mechanical declaration), but practical complexity arises from coordinating with other benefit rules and verifying entitlement status."],"plain_english_summary":"This determination declares compensation payments made by the Commonwealth on behalf of the ADF for historical child sexual abuse claims to be 'exempt lump sums' under the Veterans’ Entitlements Act 1986. It applies to a person (or their partner) who receives such a payment and is eligible for, or receiving, the income support supplement, a service pension, or a veteran payment — those compensation amounts are treated as exempt lump sums."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf","history":"/api/acts/veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf/history","analysis":"/api/acts/veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf/analysis","conflicts":"/api/acts/veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf/conflicts","importantCases":"/api/acts/veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf/important-cases","documents":"/api/acts/veterans-entitlements-exempt-lump-sum-compensation-payments-by-the-commonwealth-on-behalf-of-the-adf/documents"}}