{"id":"F2018L00143","name":"Veterans' Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018","slug":"veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96786,"registerId":"commonwealth-F2018L00143-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans' Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018","content":"![](image.001.png)\n\nVeterans’ Entitlements Act 1986\n\nVeterans’ Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018\n\nInstrument 2018 No. R35\n\nI, MARK HARRIGAN, delegate of the Repatriation Commission, make the following determination for paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.\n\nDated this 19th day of February 2018\n\nM Harrigan\n\n…………………………………………………………\n\nMARK HARRIGAN\n\n  \n1 Name\n\nThis determination is the Veterans’ Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018.\n\n2 Commencement\n\nThis determination is taken to have commenced on 1 February 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“defence reparation payment” means a one-off payment made to a person by the Australian Defence Force on behalf of the Australian Government under the Defence Reparation Scheme;\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“service pension” has the same meaning as it has in subsection 5Q(1) of the Veterans’ Entitlements Act 1986;\n\n“Defence Reparation Scheme” means the scheme that come into effect on\n\n16 December 2017 and is administered by the Defence Force Ombudsman for the purpose of making reparation payments to members or former members of the Defence Force who have suffered the most serious forms of abuse or sexual assault where the abuse or assault occurred on or before 30 June 2014.\n\n5 Exempt lump sum\n\nIf a person or a person’s partner receives a defence reparation payment and the person is eligible for, or in receipt of a service pension or income support supplement, then the amount of the defence reparation payment 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 remains tightly focused on its original purpose: exempting Defence Reparation Scheme payments from pension means testing. The scope matches the enabling provision (paragraph 5H(12)(c) of the Veterans' Entitlements Act 1986) which specifically allows the Repatriation Commission to determine exempt lump sums."},"complexity_factors":["Very short instrument — only 5 sections covering 1.5 pages","Only 4 defined terms, all straightforward and cross-referenced to existing legislation","Single operative provision (section 5) with simple conditional logic: IF (receives payment) AND (eligible for pension) THEN (exempt)","No nested exceptions, no subsections, no cross-references beyond basic definitions","No transitional provisions, review mechanisms, or compliance obligations"],"plain_english_summary":"This instrument makes a one-off defence reparation payment exempt from income and assets tests for service pension and income support supplement purposes. It protects veterans (and their partners) who received compensation under the Defence Reparation Scheme for serious abuse or sexual assault in the Defence Force on or before 30 June 2014, so the lump sum won’t reduce ongoing pension entitlements. The exemption is backdated to 1 February 2018."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument expands the class of lump-sum receipts treated as exempt under paragraph 5H(12)(c) by adding Defence Reparation Scheme payments as exempt lump sums (s5). It therefore alters means-test treatment for recipients of those reparation payments from 1 February 2018 (s2), clarifying that such payments do not count against service pension or income support supplement eligibility (s5)."},"complexity_factors":["Single, narrow operative provision exempting one specific payment type (s5)","Relies on defined terms and cross-reference to the Veterans’ Entitlements Act for operative effect (Authority s3; Definitions s4)","Delegated maker named in instrument header, not by substantive procedure — simple administrative act","Commencement date set retrospectively to 1 February 2018 (s2), which may affect past assessments","Dependence on external scheme definition (Defence Reparation Scheme) that ties scope to scheme rules and dates (s4)"],"plain_english_summary":"This determination declares that one-off “defence reparation payments” made under the Defence Reparation Scheme are treated as exempt lump sums for paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986, so they are disregarded when assessing eligibility for a service pension or the income support supplement (s5). The payment is made by the Australian Defence Force on behalf of the Commonwealth (definitions, s4); the instrument is made by a Repatriation Commission delegate; the effect is that receiving such a lump sum will not reduce a recipient’s pension or supplement entitlement (s5)."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018","history":"/api/acts/veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018/history","analysis":"/api/acts/veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018/analysis","conflicts":"/api/acts/veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018/conflicts","importantCases":"/api/acts/veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018/important-cases","documents":"/api/acts/veterans-entitlements-exempt-lump-sum-defence-reparation-payment-determination-2018/documents"}}