Commonwealth legislation

Veterans' Entitlements Income Exempt Lump Sum Determination No. 4 of 2001

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does: This law ensures that special one-off compensation payments (called "ex-gratia" payments) paid to survivors of Japanese internment during World War II don't reduce their veterans' pensions or benefits.

Who it covers:

People who were imprisoned or confined by Japanese forces during WWII
Civilians who were interned by the Japanese during WWII
The surviving spouses (widows or widowers) of those internees, if the internee has died

The payments: Lump sum payments made by the Australian government or allied countries as compensation or goodwill gestures for that wartime suffering.

Why it matters: Normally, receiving a lump sum can count as "income" and reduce pension payments. This determination makes sure these specific historical compensation payments are exempt — meaning recipients keep both the lump sum AND their full pension entitlements without penalty.

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Current sections

Direct links to the current provisions in Veterans' Entitlements Income Exempt Lump Sum Determination No. 4 of 2001.

Part 1

Preliminary and Interpretation

Part 1: Preliminary and Interpretation

1.1 NAME OF DETERMINATION

This determination is the Veterans’ Entitlements Income Exempt Lump Sum Determination No.4 of 2001.

1.2 COMMENCEMENT

This determination commences on 23 April 2001.

1.3 DEFINITIONS

In this determination:

“Act” means the Veterans’ Entitlements Act 1986.

“ex-gratia payment or payment” means a payment made by a Commonwealth or allied country.

“interned” means:

(a) confined in a camp, building, prison or other place (including a vehicle); or

(b) restricted to residing within specified limits.

“World War 2” has the same meaning as it does in subsection 5B(1) of the Act.

Part 2

Amount or class of amounts declared to be an exempt lump sum

Part 2: Amount or class of amounts declared to be an exempt lump sum

Ex-gratia payments made by a Commonwealth or allied country to any of the following persons:

(a) Surviving persons who were interned by the Japanese during World War 2;

(b) Surviving civilians interned by the Japanese during World War 2;

(d) Surviving widows or widowers of a deceased civilian who was interned by the Japanese during World War 2.

Source text

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

Part 1 Preliminary and Interpretation