Veterans' Entitlements (Exempt Lump Sum – Payments under the Territories Stolen Generations Redress Scheme) Determination 2022

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Commonwealth Coat of Arms of Australia

 

 

Veterans’ Entitlements Act 1986

 

 

 

Veterans’ Entitlements (Exempt Lump Sum – Payments under the Territories Stolen Generations Redress Scheme) Determination 2022

 

Instrument 2022 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 8th day of  February 2022    

Simon Hill

Assistant Secretary

Policy Development Branch

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Exempt lump sum

 

 

1  Name

  This determination is the Veterans’ Entitlements (Exempt Lump Sum – Payments under the Territories Stolen Generations Redress Scheme) Determination 2022.

2  Commencement

 (1) Each provision of this determination specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

• Commencement information
• Column 1 Column 2 Column 3
• Provisions Commencement Date/Details
• 1. The whole of this instrument On the later of the following dates:

1. at the same time as Schedule 1, Part 2 of the Territories Stolen Generations Redress Scheme (Consequential Amendments) Act 2021 commences;
2. the day after this instrument is registered.However, the provisions do not commence at all if that Schedule does not commence.

Note: This table relates only to the provisions of this determination as originally made. It will not be amended to deal with any later amendments of this determination.

 (2) Any information in column 3 of the table is not part of this determination. Information may be inserted in this column, or information in it may be edited, in any published version of this determination.

3  Authority

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

4  Definitions

  In this determination:

“Act” means the Veterans’ Entitlements Act 1986.

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

“payment under the Territories Stolen Generations Redress Scheme” means a payment made by the Commonwealth under the Territories Stolen Generations Redress Scheme to an eligible survivor of the Stolen Generations.

“service pension” has the same meaning as in subsection 5Q(1) of the Act.

“Territories Stolen Generations Redress Scheme” has the same meaning as in section 3 of the Territories Stolen Generations Redress Scheme (Facilitation) Act 2021.

“veteran payment” has the same meaning as in subsection 5Q(1) of the Act.

5  Exempt lump sum

If:

1.  a person receives a payment under the Territories Stolen Generations Redress Scheme; and

2.     the person is eligible for, or in receipt of:

3.                   an income support supplement; or

4.                a service pension; or

5.              a veteran payment;

the amount of payment under the Territories Stolen Generations Redress Scheme received by the person is an exempt lump sum.