Commonwealth legislation

Veterans’ Entitlements (Income Exempt Lump Sum – North Korean 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This Act has been repealed and is no longer in force. It is retained for historical reference.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

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This determination ensures that compensation payments for North Korean internment do not count as income when calculating veterans' pensions and benefits.

Under the Veterans' Entitlements Act, lump sums usually count as 'ordinary income' and can reduce pension payments. This instrument creates an exception for payments made to veterans (or their families) who were imprisoned in North Korea during their military service.

Who it affects: Veterans who received compensation under Part 2 of the Veterans' Entitlements (Clarke Review) Act 2004 for being interned in North Korea.

What it does: It classifies these specific payments as 'exempt lump sums', meaning they won't reduce income support payments like the Service Pension or Income Support Supplement.

Key change: This replaces an earlier 2004 determination but maintains the same protection for affected veterans.

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

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Veterans’ Entitlements Act 1986

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

Instrument 2015 No. R17

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 – North Korean internment Compensation) Determination 2015.

1.2 Commencement

This determination commences on the day after registration.

1.3 Revocation

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 7 of 2004 is revoked.

1.4 Definition

In this determination:

compensation payment means a compensation payment made under Part 2 (Compensation payments for North Korean internment) of the Veterans’ Entitlements (Clarke Review) Act 2004.

Part 2: Exempt Lump Sum

2.1 If a person receives 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.

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Veterans’ Entitlements Act 1986

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

Instrument 2015 No. R17

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 – North Korean internment Compensation) Determination 2015.

1.2 Commencement

This determination commences on the day after registration.

1.3 Revocation

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 7 of 2004 is revoked.

1.4 Definition

In this determination:

compensation payment means a compensation payment made under Part 2 (Compensation payments for North Korean internment) of the Veterans’ Entitlements (Clarke Review) Act 2004.

Part 2: Exempt Lump Sum

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