Commonwealth legislation

Veterans’ Entitlements (Income Exempt Lump Sum – Japanese internment Compensation) Determination 2015

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

This instrument declares lump-sum compensation paid under the Compensation (Japanese Internment) Act 2001 to WWII prisoners of war and civilian internees held by Japanese forces to be an exempt lump sum for Veterans' Entitlements Act 1986 purposes.

That means those payments are not counted as ordinary income when assessing veterans' pensions, protecting recipients from reduced pension rates or lost eligibility; it replaces the 2001 determination to keep the exemption under current law.

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Veterans’ Entitlements (Income Exempt Lump Sum – Japanese internment Compensation) Determination 2015

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Veterans’ Entitlements Act 1986

Veterans’ Entitlements (Income Exempt Lump

Sum – Japanese internment Compensation) Determination 2015

Instrument 2015 No. R16

I, MARK HARRIGAN, delegate of the Repatriation Commission, hereby determine under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 (VEA) that the amount specified in Part 2 is an exempt lump sum for the purposes of the definition of “ordinary income” in subsection 5H(1) of the VEA.

Dated this 2nd day of February 2015

Mark Harrigan

……………………………………………………………..

MARK HARRIGAN

Part 1: Preliminary and Interpretation

1.1 Name of determination

This determination is the Veterans’ Entitlements (Income Exempt Lump Sum – Japanese internment Compensation) Determination 2015.

1.2 Commencement of determination

This determination commences on the day after registration.

1.3 Revocation

The Veterans’ Entitlements Income Exempt Lump Sum Determination No.3 of 2001 is revoked.

1.4 Definition

In this determination:

compensation payment means:

(a) a compensation payment as defined in the Compensation (Japanese Internment) Act 2001; or

(b) a compensation payment made under the Veterans’ Entitlements (Compensation – Japanese Internment) Regulations 2001.

Part 2: Exempt Lump Sum

2.1 If a person has received a compensation payment, then the amount is an exempt lump sum.

Source text

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