Commonwealth legislation

Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021

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This determination says compensation paid by the Scottish Government from its Advance Payment Scheme to people who suffered abuse in care is treated as an “exempt lump sum” for veterans’ means‑tested payments. A delegate of the Repatriation Commission made the instrument and it operates from 25 April 2019. (See: definitions and operative clause.) The practical effect is to prevent those compensation amounts from reducing a veteran’s income‑tested entitlements, while creating a need for authorities to identify and apply the exemption retroactively.

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Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021

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Veterans’ Entitlements Act 1986

Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021

Instrument 2021 No. R2

I, Simon Hill, delegate of the Repatriation Commission, make the following determination under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

Dated this 3rd day of February 2021

Simon Hill

Assistant Secretary,

Policy Development Branch
1 Name

This determination is the Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021.

2 Commencement

This determination is taken to have commenced on 25 April 2019.

3 Authority

This determination is made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

4 Definitions

In this determination:

“income support supplement” means the payment called the income support supplement payable under Part IIIA of the Veterans’ Entitlements Act 1986.

“compensation payment from the Advance Payment Scheme on behalf of the Scottish Government” means a payment of compensation from the Advance Payment Scheme made by the Scottish Government to individuals who have suffered abuse as children while in care in Scotland prior to December 2004.

“service pension” has the same meaning as it has in subsection 5Q(1) of the Veterans’ Entitlements Act 1986.

“veteran payment” means the payment called the veteran payment payable under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

5 Exempt lump sum

If:

(a) a person or a person’s partner receives a compensation payment from the Advance Payment Scheme on behalf of the Scottish Government; and

(b) the person is eligible for, or in receipt of:

(i) an income support supplement; or

(ii) a service pension; or

(iii) a veteran payment;

then, the amount of the compensation payment from the Advance Payment Scheme on behalf of the Scottish Government received by the person or the person’s partner is an exempt lump sum.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021

Veterans’ Entitlements Act 1986

Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021

Instrument 2021 No. R2

I, Simon Hill, delegate of the Repatriation Commission, make the following determination under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

Dated this 3rd day of February 2021

Simon Hill

Assistant Secretary,

Policy Development Branch
1 Name

This determination is the Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021.

2 Commencement

This determination is taken to have commenced on 25 April 2019.

3 Authority

This determination is made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

4 Definitions

In this determination:

“income support supplement” means the payment called the income support supplement payable under Part IIIA of the Veterans’ Entitlements Act 1986.

“service pension” has the same meaning as it has in subsection 5Q(1) of the Veterans’ Entitlements Act 1986.

“veteran payment” means the payment called the veteran payment payable under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

5 Exempt lump sum

If:

(a) a person or a person’s partner receives a compensation payment from the Advance Payment Scheme on behalf of the Scottish Government; and

(b) the person is eligible for, or in receipt of:

(i) an income support supplement; or

(ii) a service pension; or

(iii) a veteran payment;

then, the amount of the compensation payment from the Advance Payment Scheme on behalf of the Scottish Government received by the person or the person’s partner is an exempt lump sum.