{"id":"F2021L00106","name":"Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021","slug":"veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101239,"registerId":"commonwealth-F2021L00106-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021","content":"![](image.001.png)\n\nVeterans’ Entitlements Act 1986\n\nVeterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021\n\nInstrument 2021 No. R2\n\nI, Simon Hill, delegate of the Repatriation Commission, make the following determination under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.\n\nDated this 3rd day of February 2021\n\nSimon Hill\n\nSimon Hill\n\nAssistant Secretary,\n\nPolicy Development Branch  \n1 Name\n\nThis determination is the Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021.\n\n2 Commencement\n\nThis determination is taken to have commenced on 25 April 2019.\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 from the Advance Payment Scheme on behalf of the Scottish Government” means a payment of compensation from the Advance Payment Scheme made by the Scottish Government to individuals who have suffered abuse as children while in care in Scotland prior to December 2004.\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 from the Advance Payment Scheme on behalf of the Scottish Government; 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 from the Advance Payment Scheme on behalf of the Scottish Government received by the person or the person’s partner is an exempt lump sum.","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: exempting specific Scottish Government compensation payments from the income test for veterans' benefits. There is no scope creep or expansion beyond this narrow, specific objective."},"complexity_factors":["Very short instrument (only 5 sections)","Only 4 defined terms, all straightforward","Single operative provision (section 5) with simple conditional structure (if A and B, then C)","No cross-references to other legislation beyond standard authority and definition citations","No exceptions, nested conditions, or discretionary powers","Clear, linear logical flow"],"plain_english_summary":"This law ensures compensation paid by the Scottish Government’s Advance Payment Scheme (for people abused in Scottish care homes before December 2004) is exempt from Australia’s income test. It protects affected veterans (and their partners) receiving income support supplement, service pension or veteran payment from having their Australian benefits reduced or cut off, and is backdated to 25 April 2019."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. The determination expands the Act’s treatment of ‘exempt lump sums’ to include specified Scottish Government Advance Payment Scheme compensation, altering how those payments are counted for veterans’ income‑tested entitlements and doing so with retrospective effect from 25 April 2019 (sections 5 and 2)."},"complexity_factors":["Single, narrow operative clause declaring a specific class of payments exempt (section 5).","Clear cross-reference to defined terms, requiring reliance on definitions for scope (section 4).","Retroactive commencement date creates administrative complexity to apply exemption to past payments (section 2).","Made under delegated power in the Veterans’ Entitlements Act, so legal effect depends on that enabling paragraph (section 3; para 5H(12)(c) of the Act).","Impacts three distinct means‑tested payments categories, so interaction with different payment rules must be checked (income support supplement, service pension, veteran payment in section 4 and applied in section 5).","Low substantive policy complexity but potential operational burden on administering agencies to identify recipients and adjust entitlements."],"plain_english_summary":"This determination says compensation paid by the Scottish Government from its Advance Payment Scheme to people who suffered abuse in care is treated as an “exempt lump sum” for veterans’ means‑tested payments. A delegate of the Repatriation Commission made the instrument and it operates from 25 April 2019. (See: definitions and operative clause.) The practical effect is to prevent those compensation amounts from reducing a veteran’s income‑tested entitlements, while creating a need for authorities to identify and apply the exemption retroactively."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a","history":"/api/acts/veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a/history","analysis":"/api/acts/veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a/analysis","conflicts":"/api/acts/veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a/conflicts","importantCases":"/api/acts/veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a/important-cases","documents":"/api/acts/veterans-entitlements-exempt-lump-sum-payments-of-compensation-by-the-scottish-government-from-the-a/documents"}}