{"id":"F2022L00441","name":"Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022","slug":"veterans-entitlements-family-law-affected-income-streams-principles-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102351,"registerId":"commonwealth-F2022L00441-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\nThis instrument is the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022.\n\n#### 3 Authority\n\nThis instrument is made under sections 46ZC and 52BA of the Act.\n\n#### 4 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n1. assessment day;\n2. asset-test exempt income stream;\n3. asset\\-tested income stream (long term);\n4. asset\\-tested income stream (lifetime);\n5. commencement day;\n6. deductible amount;\n7. defined benefit income stream;\n8. family law affected income stream;\n9. income;\n10. income stream;\n\n(ja) military invalidity pension income stream;\n\n1. original family law affected income stream;\n primary FLA income stream;\n purchase amount;\n purchase price;\n relevant number;\n residual capital value;\n reversionary partner;\n secondary FLA income stream;\n superannuation fund;\n threshold day.\n\n(1) In this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nallocated pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\nasset value has the meaning given by regulation 3A.05 of the SIS Regulations.\n\nbase amount allocated to the non-member spouse has the meaning given by section 72 of the Family Law (Superannuation) Regulations 2025.\n\nbase amount payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nCommission has the same meaning as in section 5A of the Act.\n\nmarket linked pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\npercentage payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nSIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.\n\nNote The definitions of assessment day, purchase amount and threshold day adopt formula and calculation methods in sections 52BAA and 52BAB of the Act for the purpose of defining terms as they are used in this instrument. Sections 52BAA and 52BAB of the Act do not apply to family law affected income streams.\n\n(2) A term used in this instrument and in Part VIIIB or Part VIIIC of the Family Law Act 1975 has the same meaning in this instrument as it has in that Part.\n\nNote See sections 90XD and 90YD of the Family Law Act 1975 for the meanings of the following terms under Part VIIIB and Part VIIIC, respectively of that Act:\n\n flag lifting agreement\n\n member spouse\n\n non-member spouse\n\n operative time\n\n payment split\n\n reversionary beneficiary\n\n RSA\n\n splittable payment\n\n splitting order\n\n superannuation agreement\n\n superannuation interest\n\n trustee.\n\n#### 5 Purpose\n\nThis instrument sets out decision-making principles with which the Commission must comply in making decisions under the following provisions of the Act:\n\n1. paragraph 46ZA (1) (a);\n2. paragraph 46ZA (1) (b);\n\n(ba) paragraph 46ZA(1) (c);\n\n1. paragraph 46ZB (1) (a);\n2. paragraph 46ZB (1) (b);\n3. subsection 52BA (2);\n4. subsection 52BA (3).\n\n \nNote These provisions apply when determining a person’s annual rate of ordinary income, or the value, of different types of family law affected income streams.\n\n#### 6 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n## Part 2—Income from asset-test exempt income streams\n\n#### 7 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-test exempt income stream.\n\n#### 8 Income stream that is not a defined benefit income stream or military invalidity pension income stream\n\n1. This section applies if the family law affected income stream is not:\n\n1. a defined benefit income stream; or\n2. a military invalidity pension income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9A Income stream that is a military invalidity pension income stream\n\n (1) This section applies if the family law affected income stream is a military invalidity pension income stream.\n (2) For the purposes of paragraph 46ZC(ba) of the Act, the Commission must have regard to the following matters in making a decision under paragraph 46ZA(1)(c) of the Act:\n (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n (b) any other matter that the Commission considers relevant in the circumstances.\n (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n## Part 3—Income from asset-tested income streams (long term)\n\n#### 10 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term).\n\n#### 11 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 13 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 12 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 4—Asset value of asset-tested income streams (other than lifetime)\n\n#### 13 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term) or an asset-tested income stream (short term).\n\n#### 14 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(2) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 15 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(3) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 5—Income from asset-tested income streams (lifetime)\n\n#### 16 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 17 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 46ZBA of the Act, the Commission must have regard to the following matters in making decisions under subsection 46ZBA(1) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Part 6—Asset value of asset-tested income streams (lifetime)\n\n#### 18 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 19 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsections 52BA(2) or (3) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 25 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Schedule 1—Matters to which the Commission must have regard\n\n(paragraphs 8(2)(a), 9(2)(a), 9A(2)(a), 11(2)(a), 12(2)(a), 14(2)(a), 15(2)(a), 17(1)(a) and 19(1)(a))\n\n```html\n

Item

Matter to which the Commission must have regard

1

The commencement day of the original family law affected income stream

2

The operative time for the payment split under the superannuation agreement, flag lifting agreement or court order

3

The date when the first splittable payment became payable in respect of the original family law affected income stream of the member spouse

4

The amount payable to the member spouse from the original family law affected income stream immediately before the operative time for the payment split

5

The purchase price of the original family law affected income stream at its commencement day

6

The relevant number in relation to the original family law affected income stream at its commencement day

7

The term (if any) that applies to the original family law affected income stream at its commencement day

8

The amount of the initial annual payment from the original family law affected income stream at its commencement day

9

The indexation rate (if any) that applies to payments from the original family law affected income stream at its commencement day

10

Details of the primary beneficiary’s reversionary partner (if any) or any reversionary beneficiaries for the original family law affected income stream at its commencement day

11

The deductible amount for the original family law affected income stream at its commencement day

12

Details of the entitlement of each of the member spouse and the non-member spouse under the payment split for the deductible amount

13

The residual capital value (if any) of the original family law affected income stream at its commencement day

14

The asset value of the original family law affected income stream immediately before the operative time for the payment split

15

The asset value of the original family law affected income stream immediately before the first splittable payment became payable

16

The amount of the payment to the non-member spouse from the original family law affected income stream immediately before the first splittable payment became payable for the member spouse’s superannuation interest after the operative time for the payment split

17

The amount payable to the member spouse from the primary FLA income stream

18

The amount payable to the non-member spouse from the secondary FLA income stream

19

If the original family law affected income stream, the primary FLA income stream or the secondary FLA income stream is commuted — the total commuted amount

20

If the payment split is a percentage payment split — the amount of the first splittable payment made from the original family law affected income stream after the operative time for the payment split

21

If the payment split is a percentage payment split — the percentage of the splittable payment that each of the member spouse and non-member spouse is entitled to be paid under the payment split

22

If the payment split is a base amount payment split:

(a) the value of the base amount allocated to the non-member spouse for the non-member spouse’s entitlement under the payment split; and

(b) the value of the superannuation interest, being:

(i) if a splitting order applies to the superannuation interest — the value determined by the court; or

(ii) if a superannuation agreement applies to the superannuation interest — the value provided by the trustee of the superannuation fund from which the income stream was acquired or purchased; and

(c) details of any amounts of income paid from the original family law affected income stream on or after the operative time for the payment split and before the time of the first splittable payment for the payment split; and

(d) the amount of the first splittable payment from the original family law affected income stream after the operative time for the payment split; and

(e) the proportion of the first splittable payment paid to each of the member spouse and the non-member spouse from the original family law affected income stream after the operative time for the payment split; and

(f) details of any second and subsequent payments to the non-member spouse from the original family law affected income stream, after the first splittable payment is made, to give effect to the non-member spouse’s entitlement under the payment split, including lump sum payments and amounts paid from the secondary FLA income stream; and

(g) details of any payments to the member spouse from the primary FLA income stream; and

(h) if the income stream is paid as an allocated pension or a market linked pension:

(i) the value of the original family law income stream immediately before the time of the first splittable payment for the payment split; and

(ii) the value of the first splittable payment for the payment split to the non-member spouse from the original family law income stream; and

(iii) the value of the primary FLA income stream immediately after the payment split

23

If the non-member spouse’s entitlement under the payment split is satisfied by the creation of a new interest for the non-member spouse, or the rollover or transfer to another superannuation fund or RSA of an amount to be held for the benefit of the non-member spouse:

(a) the amount of the first payment to the member spouse from the primary FLA income stream after the new interest is created, or the amount is rolled over or transferred; and

(b) the amount that would have been payable to the member spouse from the original family law affected income stream if the new interest had not been created, or the amount had not been rolled over or transferred; and

(c) for an entitlement being paid as an allocated pension — the value of the member spouse’s entitlement from the original family law affected income stream immediately before the new interest was created, or the amount was rolled over or transferred

24

If the member spouse has reached the assessment day in relation to the original family law affected income stream:

(a) the member spouse’s assessment day in relation to the original family law affected income stream; and

(b) the purchase amount of the original family law affected income stream; and

(c) the member spouse’s threshold day in relation to the original family law affected income stream.

25

If the member spouse has not reached the assessment day in relation to the original family law affected income stream:

(a) whether the non-member spouse has reached their assessment day in relation to the secondary FLA income stream; and

(b) whether the non-member spouse has reached their threshold day in relation to the secondary FLA income stream; and

(c) the purchase amount of the original family law affected income stream.

\n```","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\nThis instrument is the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\nThis instrument is made under sections 46ZC and 52BA of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n1. assessment day;\n2. asset-test exempt income stream;\n3. asset\\-tested income stream (long term);\n4. asset\\-tested income stream (lifetime);\n5. commencement day;\n6. deductible amount;\n7. defined benefit income stream;\n8. family law affected income stream;\n9. income;\n10. income stream;\n\n(ja) military invalidity pension income stream;\n\n1. original family law affected income stream;\n primary FLA income stream;\n purchase amount;\n purchase price;\n relevant number;\n residual capital value;\n reversionary partner;\n secondary FLA income stream;\n superannuation fund;\n threshold day.\n\n(1) In this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nallocated pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\nasset value has the meaning given by regulation 3A.05 of the SIS Regulations.\n\nbase amount allocated to the non-member spouse has the meaning given by section 72 of the Family Law (Superannuation) Regulations 2025.\n\nbase amount payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nCommission has the same meaning as in section 5A of the Act.\n\nmarket linked pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\npercentage payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nSIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.\n\nNote The definitions of assessment day, purchase amount and threshold day adopt formula and calculation methods in sections 52BAA and 52BAB of the Act for the purpose of defining terms as they are used in this instrument. Sections 52BAA and 52BAB of the Act do not apply to family law affected income streams.\n\n(2) A term used in this instrument and in Part VIIIB or Part VIIIC of the Family Law Act 1975 has the same meaning in this instrument as it has in that Part.\n\nNote See sections 90XD and 90YD of the Family Law Act 1975 for the meanings of the following terms under Part VIIIB and Part VIIIC, respectively of that Act:\n\n flag lifting agreement\n\n member spouse\n\n non-member spouse\n\n operative time\n\n payment split\n\n reversionary beneficiary\n\n RSA\n\n splittable payment\n\n splitting order\n\n superannuation agreement\n\n superannuation interest\n\n trustee.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Purpose","content":"#### 5 Purpose\n\nThis instrument sets out decision-making principles with which the Commission must comply in making decisions under the following provisions of the Act:\n\n1. paragraph 46ZA (1) (a);\n2. paragraph 46ZA (1) (b);\n\n(ba) paragraph 46ZA(1) (c);\n\n1. paragraph 46ZB (1) (a);\n2. paragraph 46ZB (1) (b);\n3. subsection 52BA (2);\n4. subsection 52BA (3).\n\n \nNote These provisions apply when determining a person’s annual rate of ordinary income, or the value, of different types of family law affected income streams.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Schedules","content":"#### 6 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Income from asset-test exempt income streams","content":"## Part 1—Preliminary\n\n#### 1 Name\n\nThis instrument is the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022.\n\n#### 3 Authority\n\nThis instrument is made under sections 46ZC and 52BA of the Act.\n\n#### 4 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n1. assessment day;\n2. asset-test exempt income stream;\n3. asset\\-tested income stream (long term);\n4. asset\\-tested income stream (lifetime);\n5. commencement day;\n6. deductible amount;\n7. defined benefit income stream;\n8. family law affected income stream;\n9. income;\n10. income stream;\n\n(ja) military invalidity pension income stream;\n\n1. original family law affected income stream;\n primary FLA income stream;\n purchase amount;\n purchase price;\n relevant number;\n residual capital value;\n reversionary partner;\n secondary FLA income stream;\n superannuation fund;\n threshold day.\n\n(1) In this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nallocated pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\nasset value has the meaning given by regulation 3A.05 of the SIS Regulations.\n\nbase amount allocated to the non-member spouse has the meaning given by section 72 of the Family Law (Superannuation) Regulations 2025.\n\nbase amount payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nCommission has the same meaning as in section 5A of the Act.\n\nmarket linked pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\npercentage payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nSIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.\n\nNote The definitions of assessment day, purchase amount and threshold day adopt formula and calculation methods in sections 52BAA and 52BAB of the Act for the purpose of defining terms as they are used in this instrument. Sections 52BAA and 52BAB of the Act do not apply to family law affected income streams.\n\n(2) A term used in this instrument and in Part VIIIB or Part VIIIC of the Family Law Act 1975 has the same meaning in this instrument as it has in that Part.\n\nNote See sections 90XD and 90YD of the Family Law Act 1975 for the meanings of the following terms under Part VIIIB and Part VIIIC, respectively of that Act:\n\n flag lifting agreement\n\n member spouse\n\n non-member spouse\n\n operative time\n\n payment split\n\n reversionary beneficiary\n\n RSA\n\n splittable payment\n\n splitting order\n\n superannuation agreement\n\n superannuation interest\n\n trustee.\n\n#### 5 Purpose\n\nThis instrument sets out decision-making principles with which the Commission must comply in making decisions under the following provisions of the Act:\n\n1. paragraph 46ZA (1) (a);\n2. paragraph 46ZA (1) (b);\n\n(ba) paragraph 46ZA(1) (c);\n\n1. paragraph 46ZB (1) (a);\n2. paragraph 46ZB (1) (b);\n3. subsection 52BA (2);\n4. subsection 52BA (3).\n\n \nNote These provisions apply when determining a person’s annual rate of ordinary income, or the value, of different types of family law affected income streams.\n\n#### 6 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n## Part 2—Income from asset-test exempt income streams\n\n#### 7 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-test exempt income stream.\n\n#### 8 Income stream that is not a defined benefit income stream or military invalidity pension income stream\n\n1. This section applies if the family law affected income stream is not:\n\n1. a defined benefit income stream; or\n2. a military invalidity pension income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9A Income stream that is a military invalidity pension income stream\n\n (1) This section applies if the family law affected income stream is a military invalidity pension income stream.\n (2) For the purposes of paragraph 46ZC(ba) of the Act, the Commission must have regard to the following matters in making a decision under paragraph 46ZA(1)(c) of the Act:\n (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n (b) any other matter that the Commission considers relevant in the circumstances.\n (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n## Part 3—Income from asset-tested income streams (long term)\n\n#### 10 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term).\n\n#### 11 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 13 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 12 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 4—Asset value of asset-tested income streams (other than lifetime)\n\n#### 13 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term) or an asset-tested income stream (short term).\n\n#### 14 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(2) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 15 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(3) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 5—Income from asset-tested income streams (lifetime)\n\n#### 16 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 17 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 46ZBA of the Act, the Commission must have regard to the following matters in making decisions under subsection 46ZBA(1) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Part 6—Asset value of asset-tested income streams (lifetime)\n\n#### 18 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 19 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsections 52BA(2) or (3) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 25 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Schedule 1—Matters to which the Commission must have regard\n\n(paragraphs 8(2)(a), 9(2)(a), 9A(2)(a), 11(2)(a), 12(2)(a), 14(2)(a), 15(2)(a), 17(1)(a) and 19(1)(a))\n\n```html\n

Item

Matter to which the Commission must have regard

1

The commencement day of the original family law affected income stream

2

The operative time for the payment split under the superannuation agreement, flag lifting agreement or court order

3

The date when the first splittable payment became payable in respect of the original family law affected income stream of the member spouse

4

The amount payable to the member spouse from the original family law affected income stream immediately before the operative time for the payment split

5

The purchase price of the original family law affected income stream at its commencement day

6

The relevant number in relation to the original family law affected income stream at its commencement day

7

The term (if any) that applies to the original family law affected income stream at its commencement day

8

The amount of the initial annual payment from the original family law affected income stream at its commencement day

9

The indexation rate (if any) that applies to payments from the original family law affected income stream at its commencement day

10

Details of the primary beneficiary’s reversionary partner (if any) or any reversionary beneficiaries for the original family law affected income stream at its commencement day

11

The deductible amount for the original family law affected income stream at its commencement day

12

Details of the entitlement of each of the member spouse and the non-member spouse under the payment split for the deductible amount

13

The residual capital value (if any) of the original family law affected income stream at its commencement day

14

The asset value of the original family law affected income stream immediately before the operative time for the payment split

15

The asset value of the original family law affected income stream immediately before the first splittable payment became payable

16

The amount of the payment to the non-member spouse from the original family law affected income stream immediately before the first splittable payment became payable for the member spouse’s superannuation interest after the operative time for the payment split

17

The amount payable to the member spouse from the primary FLA income stream

18

The amount payable to the non-member spouse from the secondary FLA income stream

19

If the original family law affected income stream, the primary FLA income stream or the secondary FLA income stream is commuted — the total commuted amount

20

If the payment split is a percentage payment split — the amount of the first splittable payment made from the original family law affected income stream after the operative time for the payment split

21

If the payment split is a percentage payment split — the percentage of the splittable payment that each of the member spouse and non-member spouse is entitled to be paid under the payment split

22

If the payment split is a base amount payment split:

(a) the value of the base amount allocated to the non-member spouse for the non-member spouse’s entitlement under the payment split; and

(b) the value of the superannuation interest, being:

(i) if a splitting order applies to the superannuation interest — the value determined by the court; or

(ii) if a superannuation agreement applies to the superannuation interest — the value provided by the trustee of the superannuation fund from which the income stream was acquired or purchased; and

(c) details of any amounts of income paid from the original family law affected income stream on or after the operative time for the payment split and before the time of the first splittable payment for the payment split; and

(d) the amount of the first splittable payment from the original family law affected income stream after the operative time for the payment split; and

(e) the proportion of the first splittable payment paid to each of the member spouse and the non-member spouse from the original family law affected income stream after the operative time for the payment split; and

(f) details of any second and subsequent payments to the non-member spouse from the original family law affected income stream, after the first splittable payment is made, to give effect to the non-member spouse’s entitlement under the payment split, including lump sum payments and amounts paid from the secondary FLA income stream; and

(g) details of any payments to the member spouse from the primary FLA income stream; and

(h) if the income stream is paid as an allocated pension or a market linked pension:

(i) the value of the original family law income stream immediately before the time of the first splittable payment for the payment split; and

(ii) the value of the first splittable payment for the payment split to the non-member spouse from the original family law income stream; and

(iii) the value of the primary FLA income stream immediately after the payment split

23

If the non-member spouse’s entitlement under the payment split is satisfied by the creation of a new interest for the non-member spouse, or the rollover or transfer to another superannuation fund or RSA of an amount to be held for the benefit of the non-member spouse:

(a) the amount of the first payment to the member spouse from the primary FLA income stream after the new interest is created, or the amount is rolled over or transferred; and

(b) the amount that would have been payable to the member spouse from the original family law affected income stream if the new interest had not been created, or the amount had not been rolled over or transferred; and

(c) for an entitlement being paid as an allocated pension — the value of the member spouse’s entitlement from the original family law affected income stream immediately before the new interest was created, or the amount was rolled over or transferred

24

If the member spouse has reached the assessment day in relation to the original family law affected income stream:

(a) the member spouse’s assessment day in relation to the original family law affected income stream; and

(b) the purchase amount of the original family law affected income stream; and

(c) the member spouse’s threshold day in relation to the original family law affected income stream.

25

If the member spouse has not reached the assessment day in relation to the original family law affected income stream:

(a) whether the non-member spouse has reached their assessment day in relation to the secondary FLA income stream; and

(b) whether the non-member spouse has reached their threshold day in relation to the secondary FLA income stream; and

(c) the purchase amount of the original family law affected income stream.

\n```","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of Part","content":"#### 7 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-test exempt income stream.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Income stream that is not a defined benefit income stream or military invalidity pension income stream","content":"#### 8 Income stream that is not a defined benefit income stream or military invalidity pension income stream\n\n1. This section applies if the family law affected income stream is not:\n\n1. a defined benefit income stream; or\n2. a military invalidity pension income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Income stream that is a defined benefit income stream","content":"#### 9 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":9},{"sectionNumber":"9A","sectionType":"section","heading":"Income stream that is a military invalidity pension income stream","content":"#### 9A Income stream that is a military invalidity pension income stream\n\n (1) This section applies if the family law affected income stream is a military invalidity pension income stream.\n (2) For the purposes of paragraph 46ZC(ba) of the Act, the Commission must have regard to the following matters in making a decision under paragraph 46ZA(1)(c) of the Act:\n (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n (b) any other matter that the Commission considers relevant in the circumstances.\n (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Income from asset-tested income streams (long term)","content":"## Part 1—Preliminary\n\n#### 1 Name\n\nThis instrument is the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022.\n\n#### 3 Authority\n\nThis instrument is made under sections 46ZC and 52BA of the Act.\n\n#### 4 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n1. assessment day;\n2. asset-test exempt income stream;\n3. asset\\-tested income stream (long term);\n4. asset\\-tested income stream (lifetime);\n5. commencement day;\n6. deductible amount;\n7. defined benefit income stream;\n8. family law affected income stream;\n9. income;\n10. income stream;\n\n(ja) military invalidity pension income stream;\n\n1. original family law affected income stream;\n primary FLA income stream;\n purchase amount;\n purchase price;\n relevant number;\n residual capital value;\n reversionary partner;\n secondary FLA income stream;\n superannuation fund;\n threshold day.\n\n(1) In this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nallocated pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\nasset value has the meaning given by regulation 3A.05 of the SIS Regulations.\n\nbase amount allocated to the non-member spouse has the meaning given by section 72 of the Family Law (Superannuation) Regulations 2025.\n\nbase amount payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nCommission has the same meaning as in section 5A of the Act.\n\nmarket linked pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\npercentage payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nSIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.\n\nNote The definitions of assessment day, purchase amount and threshold day adopt formula and calculation methods in sections 52BAA and 52BAB of the Act for the purpose of defining terms as they are used in this instrument. Sections 52BAA and 52BAB of the Act do not apply to family law affected income streams.\n\n(2) A term used in this instrument and in Part VIIIB or Part VIIIC of the Family Law Act 1975 has the same meaning in this instrument as it has in that Part.\n\nNote See sections 90XD and 90YD of the Family Law Act 1975 for the meanings of the following terms under Part VIIIB and Part VIIIC, respectively of that Act:\n\n flag lifting agreement\n\n member spouse\n\n non-member spouse\n\n operative time\n\n payment split\n\n reversionary beneficiary\n\n RSA\n\n splittable payment\n\n splitting order\n\n superannuation agreement\n\n superannuation interest\n\n trustee.\n\n#### 5 Purpose\n\nThis instrument sets out decision-making principles with which the Commission must comply in making decisions under the following provisions of the Act:\n\n1. paragraph 46ZA (1) (a);\n2. paragraph 46ZA (1) (b);\n\n(ba) paragraph 46ZA(1) (c);\n\n1. paragraph 46ZB (1) (a);\n2. paragraph 46ZB (1) (b);\n3. subsection 52BA (2);\n4. subsection 52BA (3).\n\n \nNote These provisions apply when determining a person’s annual rate of ordinary income, or the value, of different types of family law affected income streams.\n\n#### 6 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n## Part 2—Income from asset-test exempt income streams\n\n#### 7 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-test exempt income stream.\n\n#### 8 Income stream that is not a defined benefit income stream or military invalidity pension income stream\n\n1. This section applies if the family law affected income stream is not:\n\n1. a defined benefit income stream; or\n2. a military invalidity pension income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9A Income stream that is a military invalidity pension income stream\n\n (1) This section applies if the family law affected income stream is a military invalidity pension income stream.\n (2) For the purposes of paragraph 46ZC(ba) of the Act, the Commission must have regard to the following matters in making a decision under paragraph 46ZA(1)(c) of the Act:\n (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n (b) any other matter that the Commission considers relevant in the circumstances.\n (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n## Part 3—Income from asset-tested income streams (long term)\n\n#### 10 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term).\n\n#### 11 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 13 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 12 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 4—Asset value of asset-tested income streams (other than lifetime)\n\n#### 13 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term) or an asset-tested income stream (short term).\n\n#### 14 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(2) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 15 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(3) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 5—Income from asset-tested income streams (lifetime)\n\n#### 16 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 17 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 46ZBA of the Act, the Commission must have regard to the following matters in making decisions under subsection 46ZBA(1) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Part 6—Asset value of asset-tested income streams (lifetime)\n\n#### 18 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 19 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsections 52BA(2) or (3) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 25 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Schedule 1—Matters to which the Commission must have regard\n\n(paragraphs 8(2)(a), 9(2)(a), 9A(2)(a), 11(2)(a), 12(2)(a), 14(2)(a), 15(2)(a), 17(1)(a) and 19(1)(a))\n\n```html\n

Item

Matter to which the Commission must have regard

1

The commencement day of the original family law affected income stream

2

The operative time for the payment split under the superannuation agreement, flag lifting agreement or court order

3

The date when the first splittable payment became payable in respect of the original family law affected income stream of the member spouse

4

The amount payable to the member spouse from the original family law affected income stream immediately before the operative time for the payment split

5

The purchase price of the original family law affected income stream at its commencement day

6

The relevant number in relation to the original family law affected income stream at its commencement day

7

The term (if any) that applies to the original family law affected income stream at its commencement day

8

The amount of the initial annual payment from the original family law affected income stream at its commencement day

9

The indexation rate (if any) that applies to payments from the original family law affected income stream at its commencement day

10

Details of the primary beneficiary’s reversionary partner (if any) or any reversionary beneficiaries for the original family law affected income stream at its commencement day

11

The deductible amount for the original family law affected income stream at its commencement day

12

Details of the entitlement of each of the member spouse and the non-member spouse under the payment split for the deductible amount

13

The residual capital value (if any) of the original family law affected income stream at its commencement day

14

The asset value of the original family law affected income stream immediately before the operative time for the payment split

15

The asset value of the original family law affected income stream immediately before the first splittable payment became payable

16

The amount of the payment to the non-member spouse from the original family law affected income stream immediately before the first splittable payment became payable for the member spouse’s superannuation interest after the operative time for the payment split

17

The amount payable to the member spouse from the primary FLA income stream

18

The amount payable to the non-member spouse from the secondary FLA income stream

19

If the original family law affected income stream, the primary FLA income stream or the secondary FLA income stream is commuted — the total commuted amount

20

If the payment split is a percentage payment split — the amount of the first splittable payment made from the original family law affected income stream after the operative time for the payment split

21

If the payment split is a percentage payment split — the percentage of the splittable payment that each of the member spouse and non-member spouse is entitled to be paid under the payment split

22

If the payment split is a base amount payment split:

(a) the value of the base amount allocated to the non-member spouse for the non-member spouse’s entitlement under the payment split; and

(b) the value of the superannuation interest, being:

(i) if a splitting order applies to the superannuation interest — the value determined by the court; or

(ii) if a superannuation agreement applies to the superannuation interest — the value provided by the trustee of the superannuation fund from which the income stream was acquired or purchased; and

(c) details of any amounts of income paid from the original family law affected income stream on or after the operative time for the payment split and before the time of the first splittable payment for the payment split; and

(d) the amount of the first splittable payment from the original family law affected income stream after the operative time for the payment split; and

(e) the proportion of the first splittable payment paid to each of the member spouse and the non-member spouse from the original family law affected income stream after the operative time for the payment split; and

(f) details of any second and subsequent payments to the non-member spouse from the original family law affected income stream, after the first splittable payment is made, to give effect to the non-member spouse’s entitlement under the payment split, including lump sum payments and amounts paid from the secondary FLA income stream; and

(g) details of any payments to the member spouse from the primary FLA income stream; and

(h) if the income stream is paid as an allocated pension or a market linked pension:

(i) the value of the original family law income stream immediately before the time of the first splittable payment for the payment split; and

(ii) the value of the first splittable payment for the payment split to the non-member spouse from the original family law income stream; and

(iii) the value of the primary FLA income stream immediately after the payment split

23

If the non-member spouse’s entitlement under the payment split is satisfied by the creation of a new interest for the non-member spouse, or the rollover or transfer to another superannuation fund or RSA of an amount to be held for the benefit of the non-member spouse:

(a) the amount of the first payment to the member spouse from the primary FLA income stream after the new interest is created, or the amount is rolled over or transferred; and

(b) the amount that would have been payable to the member spouse from the original family law affected income stream if the new interest had not been created, or the amount had not been rolled over or transferred; and

(c) for an entitlement being paid as an allocated pension — the value of the member spouse’s entitlement from the original family law affected income stream immediately before the new interest was created, or the amount was rolled over or transferred

24

If the member spouse has reached the assessment day in relation to the original family law affected income stream:

(a) the member spouse’s assessment day in relation to the original family law affected income stream; and

(b) the purchase amount of the original family law affected income stream; and

(c) the member spouse’s threshold day in relation to the original family law affected income stream.

25

If the member spouse has not reached the assessment day in relation to the original family law affected income stream:

(a) whether the non-member spouse has reached their assessment day in relation to the secondary FLA income stream; and

(b) whether the non-member spouse has reached their threshold day in relation to the secondary FLA income stream; and

(c) the purchase amount of the original family law affected income stream.

\n```","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Application of Part","content":"#### 10 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Income stream that is not a defined benefit income stream","content":"#### 11 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 13 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Income stream that is a defined benefit income stream","content":"#### 12 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Asset value of asset-tested income streams (other than lifetime)","content":"## Part 1—Preliminary\n\n#### 1 Name\n\nThis instrument is the Veterans’ Entitlements (Family Law Affected Income Streams) Principles 2022.\n\n#### 3 Authority\n\nThis instrument is made under sections 46ZC and 52BA of the Act.\n\n#### 4 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n1. assessment day;\n2. asset-test exempt income stream;\n3. asset\\-tested income stream (long term);\n4. asset\\-tested income stream (lifetime);\n5. commencement day;\n6. deductible amount;\n7. defined benefit income stream;\n8. family law affected income stream;\n9. income;\n10. income stream;\n\n(ja) military invalidity pension income stream;\n\n1. original family law affected income stream;\n primary FLA income stream;\n purchase amount;\n purchase price;\n relevant number;\n residual capital value;\n reversionary partner;\n secondary FLA income stream;\n superannuation fund;\n threshold day.\n\n(1) In this instrument:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nallocated pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\nasset value has the meaning given by regulation 3A.05 of the SIS Regulations.\n\nbase amount allocated to the non-member spouse has the meaning given by section 72 of the Family Law (Superannuation) Regulations 2025.\n\nbase amount payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nCommission has the same meaning as in section 5A of the Act.\n\nmarket linked pension has the meaning given by section 4 of the Family Law (Superannuation) Regulations 2025.\n\npercentage payment split has the meaning given by subregulation 1.03(1) of the SIS Regulations.\n\nSIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.\n\nNote The definitions of assessment day, purchase amount and threshold day adopt formula and calculation methods in sections 52BAA and 52BAB of the Act for the purpose of defining terms as they are used in this instrument. Sections 52BAA and 52BAB of the Act do not apply to family law affected income streams.\n\n(2) A term used in this instrument and in Part VIIIB or Part VIIIC of the Family Law Act 1975 has the same meaning in this instrument as it has in that Part.\n\nNote See sections 90XD and 90YD of the Family Law Act 1975 for the meanings of the following terms under Part VIIIB and Part VIIIC, respectively of that Act:\n\n flag lifting agreement\n\n member spouse\n\n non-member spouse\n\n operative time\n\n payment split\n\n reversionary beneficiary\n\n RSA\n\n splittable payment\n\n splitting order\n\n superannuation agreement\n\n superannuation interest\n\n trustee.\n\n#### 5 Purpose\n\nThis instrument sets out decision-making principles with which the Commission must comply in making decisions under the following provisions of the Act:\n\n1. paragraph 46ZA (1) (a);\n2. paragraph 46ZA (1) (b);\n\n(ba) paragraph 46ZA(1) (c);\n\n1. paragraph 46ZB (1) (a);\n2. paragraph 46ZB (1) (b);\n3. subsection 52BA (2);\n4. subsection 52BA (3).\n\n \nNote These provisions apply when determining a person’s annual rate of ordinary income, or the value, of different types of family law affected income streams.\n\n#### 6 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n## Part 2—Income from asset-test exempt income streams\n\n#### 7 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-test exempt income stream.\n\n#### 8 Income stream that is not a defined benefit income stream or military invalidity pension income stream\n\n1. This section applies if the family law affected income stream is not:\n\n1. a defined benefit income stream; or\n2. a military invalidity pension income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZA of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZA(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 9A Income stream that is a military invalidity pension income stream\n\n (1) This section applies if the family law affected income stream is a military invalidity pension income stream.\n (2) For the purposes of paragraph 46ZC(ba) of the Act, the Commission must have regard to the following matters in making a decision under paragraph 46ZA(1)(c) of the Act:\n (a) the matters mentioned in items 1 to 12 and 14 to 23 of Schedule 1;\n (b) any other matter that the Commission considers relevant in the circumstances.\n (3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n## Part 3—Income from asset-tested income streams (long term)\n\n#### 10 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term).\n\n#### 11 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(a) of the Act:\n\n(a) the matters mentioned in items 1 to 10 and 13 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 12 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 46ZB of the Act, the Commission must have regard to the following matters in making decisions under paragraph 46ZB(1)(b) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 4—Asset value of asset-tested income streams (other than lifetime)\n\n#### 13 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term) or an asset-tested income stream (short term).\n\n#### 14 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(2) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n#### 15 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(3) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.\n\n \n\n \n\n## Part 5—Income from asset-tested income streams (lifetime)\n\n#### 16 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 17 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 46ZBA of the Act, the Commission must have regard to the following matters in making decisions under subsection 46ZBA(1) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Part 6—Asset value of asset-tested income streams (lifetime)\n\n#### 18 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).\n\n#### 19 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsections 52BA(2) or (3) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 25 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.\n\n \n\n## Schedule 1—Matters to which the Commission must have regard\n\n(paragraphs 8(2)(a), 9(2)(a), 9A(2)(a), 11(2)(a), 12(2)(a), 14(2)(a), 15(2)(a), 17(1)(a) and 19(1)(a))\n\n```html\n

Item

Matter to which the Commission must have regard

1

The commencement day of the original family law affected income stream

2

The operative time for the payment split under the superannuation agreement, flag lifting agreement or court order

3

The date when the first splittable payment became payable in respect of the original family law affected income stream of the member spouse

4

The amount payable to the member spouse from the original family law affected income stream immediately before the operative time for the payment split

5

The purchase price of the original family law affected income stream at its commencement day

6

The relevant number in relation to the original family law affected income stream at its commencement day

7

The term (if any) that applies to the original family law affected income stream at its commencement day

8

The amount of the initial annual payment from the original family law affected income stream at its commencement day

9

The indexation rate (if any) that applies to payments from the original family law affected income stream at its commencement day

10

Details of the primary beneficiary’s reversionary partner (if any) or any reversionary beneficiaries for the original family law affected income stream at its commencement day

11

The deductible amount for the original family law affected income stream at its commencement day

12

Details of the entitlement of each of the member spouse and the non-member spouse under the payment split for the deductible amount

13

The residual capital value (if any) of the original family law affected income stream at its commencement day

14

The asset value of the original family law affected income stream immediately before the operative time for the payment split

15

The asset value of the original family law affected income stream immediately before the first splittable payment became payable

16

The amount of the payment to the non-member spouse from the original family law affected income stream immediately before the first splittable payment became payable for the member spouse’s superannuation interest after the operative time for the payment split

17

The amount payable to the member spouse from the primary FLA income stream

18

The amount payable to the non-member spouse from the secondary FLA income stream

19

If the original family law affected income stream, the primary FLA income stream or the secondary FLA income stream is commuted — the total commuted amount

20

If the payment split is a percentage payment split — the amount of the first splittable payment made from the original family law affected income stream after the operative time for the payment split

21

If the payment split is a percentage payment split — the percentage of the splittable payment that each of the member spouse and non-member spouse is entitled to be paid under the payment split

22

If the payment split is a base amount payment split:

(a) the value of the base amount allocated to the non-member spouse for the non-member spouse’s entitlement under the payment split; and

(b) the value of the superannuation interest, being:

(i) if a splitting order applies to the superannuation interest — the value determined by the court; or

(ii) if a superannuation agreement applies to the superannuation interest — the value provided by the trustee of the superannuation fund from which the income stream was acquired or purchased; and

(c) details of any amounts of income paid from the original family law affected income stream on or after the operative time for the payment split and before the time of the first splittable payment for the payment split; and

(d) the amount of the first splittable payment from the original family law affected income stream after the operative time for the payment split; and

(e) the proportion of the first splittable payment paid to each of the member spouse and the non-member spouse from the original family law affected income stream after the operative time for the payment split; and

(f) details of any second and subsequent payments to the non-member spouse from the original family law affected income stream, after the first splittable payment is made, to give effect to the non-member spouse’s entitlement under the payment split, including lump sum payments and amounts paid from the secondary FLA income stream; and

(g) details of any payments to the member spouse from the primary FLA income stream; and

(h) if the income stream is paid as an allocated pension or a market linked pension:

(i) the value of the original family law income stream immediately before the time of the first splittable payment for the payment split; and

(ii) the value of the first splittable payment for the payment split to the non-member spouse from the original family law income stream; and

(iii) the value of the primary FLA income stream immediately after the payment split

23

If the non-member spouse’s entitlement under the payment split is satisfied by the creation of a new interest for the non-member spouse, or the rollover or transfer to another superannuation fund or RSA of an amount to be held for the benefit of the non-member spouse:

(a) the amount of the first payment to the member spouse from the primary FLA income stream after the new interest is created, or the amount is rolled over or transferred; and

(b) the amount that would have been payable to the member spouse from the original family law affected income stream if the new interest had not been created, or the amount had not been rolled over or transferred; and

(c) for an entitlement being paid as an allocated pension — the value of the member spouse’s entitlement from the original family law affected income stream immediately before the new interest was created, or the amount was rolled over or transferred

24

If the member spouse has reached the assessment day in relation to the original family law affected income stream:

(a) the member spouse’s assessment day in relation to the original family law affected income stream; and

(b) the purchase amount of the original family law affected income stream; and

(c) the member spouse’s threshold day in relation to the original family law affected income stream.

25

If the member spouse has not reached the assessment day in relation to the original family law affected income stream:

(a) whether the non-member spouse has reached their assessment day in relation to the secondary FLA income stream; and

(b) whether the non-member spouse has reached their threshold day in relation to the secondary FLA income stream; and

(c) the purchase amount of the original family law affected income stream.

\n```","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Application of Part","content":"#### 13 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset‑tested income stream (long term) or an asset-tested income stream (short term).","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Income stream that is not a defined benefit income stream","content":"#### 14 Income stream that is not a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is not a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(2) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Income stream that is a defined benefit income stream","content":"#### 15 Income stream that is a defined benefit income stream\n\n(1) This section applies if the family law affected income stream is a defined benefit income stream.\n\n(2) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsection 52BA(3) of the Act:\n\n(a) the matters mentioned in items 1 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(3) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (2) that applies to each payment split.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Income from asset-tested income streams (lifetime)","content":"## Part 5—Income from asset-tested income streams (lifetime)","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Application of Part","content":"#### 16 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)","content":"#### 17 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 46ZBA of the Act, the Commission must have regard to the following matters in making decisions under subsection 46ZBA(1) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 23 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.","sortOrder":21},{"sectionNumber":"Part 6","sectionType":"part","heading":"Asset value of asset-tested income streams (lifetime)","content":"## Part 6—Asset value of asset-tested income streams (lifetime)","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Application of Part","content":"#### 18 Application of Part\n\nThis Part applies to a family law affected income stream that is an asset-tested income stream (lifetime).","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)","content":"#### 19 Income stream that is a family law affected income stream that is an asset-tested income stream (lifetime)\n\n(1) For section 52BA of the Act, the Commission must have regard to the following matters in making decisions under subsections 52BA(2) or (3) of the Act:\n\n(a) the matters mentioned in items 1 to 4 and 14 to 25 of Schedule 1;\n\n(b) any other matter that the Commission considers relevant in the circumstances.\n\n(2) If payments are being made from the income stream under more than one payment split, the Commission must have regard to each matter mentioned in subsection (1) that applies to each payment split.","sortOrder":24},{"sectionNumber":"Schedule 1","sectionType":"part","heading":"Matters to which the Commission must have regard","content":"## Schedule 1—Matters to which the Commission must have regard\n\n(paragraphs 8(2)(a), 9(2)(a), 9A(2)(a), 11(2)(a), 12(2)(a), 14(2)(a), 15(2)(a), 17(1)(a) and 19(1)(a))\n\n```html\n

Item

Matter to which the Commission must have regard

1

The commencement day of the original family law affected income stream

2

The operative time for the payment split under the superannuation agreement, flag lifting agreement or court order

3

The date when the first splittable payment became payable in respect of the original family law affected income stream of the member spouse

4

The amount payable to the member spouse from the original family law affected income stream immediately before the operative time for the payment split

5

The purchase price of the original family law affected income stream at its commencement day

6

The relevant number in relation to the original family law affected income stream at its commencement day

7

The term (if any) that applies to the original family law affected income stream at its commencement day

8

The amount of the initial annual payment from the original family law affected income stream at its commencement day

9

The indexation rate (if any) that applies to payments from the original family law affected income stream at its commencement day

10

Details of the primary beneficiary’s reversionary partner (if any) or any reversionary beneficiaries for the original family law affected income stream at its commencement day

11

The deductible amount for the original family law affected income stream at its commencement day

12

Details of the entitlement of each of the member spouse and the non-member spouse under the payment split for the deductible amount

13

The residual capital value (if any) of the original family law affected income stream at its commencement day

14

The asset value of the original family law affected income stream immediately before the operative time for the payment split

15

The asset value of the original family law affected income stream immediately before the first splittable payment became payable

16

The amount of the payment to the non-member spouse from the original family law affected income stream immediately before the first splittable payment became payable for the member spouse’s superannuation interest after the operative time for the payment split

17

The amount payable to the member spouse from the primary FLA income stream

18

The amount payable to the non-member spouse from the secondary FLA income stream

19

If the original family law affected income stream, the primary FLA income stream or the secondary FLA income stream is commuted — the total commuted amount

20

If the payment split is a percentage payment split — the amount of the first splittable payment made from the original family law affected income stream after the operative time for the payment split

21

If the payment split is a percentage payment split — the percentage of the splittable payment that each of the member spouse and non-member spouse is entitled to be paid under the payment split

22

If the payment split is a base amount payment split:

(a) the value of the base amount allocated to the non-member spouse for the non-member spouse’s entitlement under the payment split; and

(b) the value of the superannuation interest, being:

(i) if a splitting order applies to the superannuation interest — the value determined by the court; or

(ii) if a superannuation agreement applies to the superannuation interest — the value provided by the trustee of the superannuation fund from which the income stream was acquired or purchased; and

(c) details of any amounts of income paid from the original family law affected income stream on or after the operative time for the payment split and before the time of the first splittable payment for the payment split; and

(d) the amount of the first splittable payment from the original family law affected income stream after the operative time for the payment split; and

(e) the proportion of the first splittable payment paid to each of the member spouse and the non-member spouse from the original family law affected income stream after the operative time for the payment split; and

(f) details of any second and subsequent payments to the non-member spouse from the original family law affected income stream, after the first splittable payment is made, to give effect to the non-member spouse’s entitlement under the payment split, including lump sum payments and amounts paid from the secondary FLA income stream; and

(g) details of any payments to the member spouse from the primary FLA income stream; and

(h) if the income stream is paid as an allocated pension or a market linked pension:

(i) the value of the original family law income stream immediately before the time of the first splittable payment for the payment split; and

(ii) the value of the first splittable payment for the payment split to the non-member spouse from the original family law income stream; and

(iii) the value of the primary FLA income stream immediately after the payment split

23

If the non-member spouse’s entitlement under the payment split is satisfied by the creation of a new interest for the non-member spouse, or the rollover or transfer to another superannuation fund or RSA of an amount to be held for the benefit of the non-member spouse:

(a) the amount of the first payment to the member spouse from the primary FLA income stream after the new interest is created, or the amount is rolled over or transferred; and

(b) the amount that would have been payable to the member spouse from the original family law affected income stream if the new interest had not been created, or the amount had not been rolled over or transferred; and

(c) for an entitlement being paid as an allocated pension — the value of the member spouse’s entitlement from the original family law affected income stream immediately before the new interest was created, or the amount was rolled over or transferred

24

If the member spouse has reached the assessment day in relation to the original family law affected income stream:

(a) the member spouse’s assessment day in relation to the original family law affected income stream; and

(b) the purchase amount of the original family law affected income stream; and

(c) the member spouse’s threshold day in relation to the original family law affected income stream.

25

If the member spouse has not reached the assessment day in relation to the original family law affected income stream:

(a) whether the non-member spouse has reached their assessment day in relation to the secondary FLA income stream; and

(b) whether the non-member spouse has reached their threshold day in relation to the secondary FLA income stream; and

(c) the purchase amount of the original family law affected income stream.

\n```","sortOrder":25}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument does not expand or remove the Commission’s statutory powers. Under the authority cited (ss46ZC and 52BA of the Veterans’ Entitlements Act; see s3 and s5), it prescribes matters the Commission must have regard to when determining income or asset value of family law affected income streams. It therefore narrows decision‑making to specified considerations and procedural detail without changing who is covered or creating new liabilities."},"complexity_factors":["Multiple income‑stream categories with different rules (asset‑test exempt; asset‑tested long, short, lifetime; defined benefit; military invalidity) (see Parts 2–6)","Extensive cross‑references to the Veterans’ Entitlements Act (authority: s3; purpose: s5) and to Part VIIIB/VIIIC of the Family Law Act and SIS/Superannuation regs for defined terms (see s4(2) and definitions)","Large, detailed Schedule 1 (25 discrete items) listing valuation and timing matters the Commission must have regard to","Branching logic: different Schedule items apply depending on stream type, whether the member reached assessment/threshold days, whether a payment split is percentage or base amount, commutation, or creation/rollover of new interests (see items 13–25)","Per‑payment‑split requirement: if multiple splits apply, each split must be analysed separately (repeated in many sections)","Reliance on external factual inputs: trustee valuations, court‑determined values, payment histories and commuted lump sums (see Schedule item 22(b),(c) and 23)","Technical calculation hooks: defined terms (assessment day, purchase amount, threshold day) adopt formulae in the Act (note in s4) though those Act sections do not apply to FLA income streams, adding interpretive complexity","Broad residual discretion: repeated clause allowing the Commission to have regard to “any other matter the Commission considers relevant”, increasing unpredictability and requiring administrative judgment (appears across Parts)","Compliance and evidence burden on trustees, claimants and courts to supply detailed timing, valuation and payment data to support decisions","Interplay with superannuation family law instruments (splitting orders, superannuation agreements, flag lifting) and different treatment for allocated/market linked pensions (Schedule item 22(h))"],"plain_english_summary":"This instrument tells the Repatriation Commission which facts and valuation points it must consider when working out the annual ordinary income or asset value of ‘family law affected’ income streams under the Veterans’ Entitlements Act. It sets different checklists depending on the income‑stream type (asset‑test exempt, asset‑tested long/short/lifetime, defined‑benefit, military invalidity) and payment‑split arrangements. \n\nIt affects veterans, their ex‑spouses/partners, trustees and the Commission because those decisions determine means‑testing and asset valuation; the rules require per‑payment‑split analysis and rely on trustee or court valuation inputs."},"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":{"_metrics":{"completionTokens":736},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument appears to operate within its stated purpose of setting decision-making principles for family law affected income streams under the specified provisions of the Veterans' Entitlements Act 1986. No evidence of scope creep beyond the original intent."},"complexity_factors":["25 distinct matters in Schedule 1 that must be considered, with nested sub-paragraphs up to 3 levels deep (e.g., item 22 has sub-items (a)–(h), with (b) containing (i)–(ii) and (h) containing (i)–(iii))","Multiple overlapping legislative frameworks: Veterans' Entitlements Act 1986, Family Law Act 1975 (Parts VIIIB and VIIIC), Superannuation Industry (Supervision) Regulations 1994, and Family Law (Superannuation) Regulations 2025","Six different Parts applying to different combinations of income stream types (asset-test exempt, asset-tested long term, asset-tested lifetime) and purposes (income assessment vs asset value)","Cross-references to 9 different decision-making provisions in the parent Act (sections 46ZA, 46ZB, 46ZBA, 52BA)","Conditional application rules: different items from Schedule 1 apply depending on whether the income stream is a defined benefit, military invalidity pension, allocated pension, market linked pension, or other type","Multiple payment split scenarios: percentage splits, base amount splits, flag lifting agreements, court orders, superannuation agreements, and rollovers to new interests","Terminology imports from external legislation with note that certain Act sections 'do not apply' to family law affected income streams, creating carve-outs"],"plain_english_summary":"This instrument directs the Repatriation Commission how to assess the income and asset value of a veteran’s superannuation or pension income stream when part of it has been split under family law. It requires the Commission to consider specified matters (e.g., start and split details, payment and purchase history) and any other relevant circumstances when determining income for benefits or the remaining interest’s asset value. \n\nIt affects veterans and former spouses with family-law split income streams who are claiming VEA benefits."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-family-law-affected-income-streams-principles-2022","history":"/api/acts/veterans-entitlements-family-law-affected-income-streams-principles-2022/history","analysis":"/api/acts/veterans-entitlements-family-law-affected-income-streams-principles-2022/analysis","conflicts":"/api/acts/veterans-entitlements-family-law-affected-income-streams-principles-2022/conflicts","importantCases":"/api/acts/veterans-entitlements-family-law-affected-income-streams-principles-2022/important-cases","documents":"/api/acts/veterans-entitlements-family-law-affected-income-streams-principles-2022/documents"}}