Commonwealth legislation

Veterans’ Entitlements (Exempt Lump Sum – Redress Payment) Determination 2018

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legislative instrument

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This determination says payments made under the National Redress Scheme for Institutional Child Sexual Abuse (redress payments) received by a veteran or their partner are treated as ‘exempt lump sums’ when assessing the veterans’ income support supplement, service pension and veteran payment. Mechanically, those redress sums are ignored for eligibility and rate calculations for those three specific veterans’ benefits; it applies from 1 July 2018 and was made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

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Veterans’ Entitlements (Exempt Lump Sum – Redress Payment) Determination 2018

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Veterans’ Entitlements Act 1986

Veterans’ Entitlements (Exempt Lump Sum –Redress Payment) Determination 2018

Instrument 2018 No. R83

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

Dated this 14 day of August 2018

E Kairouz

EDEL KAIROUZ

1 Name

This determination is the Veterans’ Entitlements (Exempt Lump Sum – Redress Payment) Determination 2018.

2 Commencement

This determination is taken to have commenced on 1 July 2018.

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.

“redress payment” means a redress payment made under the National Redress Scheme for Institutional Child Sexual Abuse established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

“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 redress payment; 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 redress payment 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 – Redress Payment) Determination 2018