Section 1 - Veterans' Entitlements (Income Exempt Lump Sums) Determination 2025 - Veterans' Entitlements (Income Exempt Lump Sums) Determination 2025

1Veterans' Entitlements (Income Exempt Lump Sums) Determination 2025

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Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025

made under paragraph 5H(12)(c) of the

Veterans’ Entitlements Act 1986

Compilation No. 2

Compilation date: 1 November 2025

Includes amendments: F2025L01276

About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name

This instrument is the Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025.

3 Authority

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

4 Exempt lump sums—Schedule 1

For paragraph 5H(12)(c) of the Act, an amount received by a person or the person’s partner is an exempt lump sum if the amount is 1 of a class of amount mentioned in Column 3 of an item of Schedule 1.

Schedule 1—Exempt lump sums

(see section 4)

Column 1Item

Column 1Item	Column 1Subject	Column 3Class of amount
15	Stolen wages	Payment made to the person or the partner by Queensland Government under a scheme operated by it to provide ex gratia lump sum payments to Aboriginal and Torres Strait Islander people whose wages and savings were controlled by the Queensland Government under a legislative regime known as the Protection Acts
16	Superannuation co-contribution	Co-contribution received by the person or the partner that is payable under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 to individuals who have an annual income below the higher co-contribution income threshold, make eligible personal superannuation contributions and have employer-supported superannuation
17	Life insurance payout	Payment made to the person or the partner on death or terminal illness of someone else under a policy of insurance held by the person or the partner
18	Stolen generations	Payment made to the person or the partner by the South Australian Government under the scheme it operated to provide one‑off ex gratia lump sum payments to Aboriginal people—who were removed from their parents or family as children before 31 December 1975 without a court order; andeither—their usual place of residence, when removed, was South Australia; orthey were removed by South Australian authorities
19	Compensation for detriment	Payment received by the person or the partner under the Compensation for Detriment Caused by Defective Administration scheme or a payment known as an act of grace payment made under section 65 of the Public Governance, Performance and Accountability Act 2013:to reimburse expenses or compensate for other financial loss incurred by the person or partner due to an administrative error made by an employee of, or contractor to, the Department of Veterans’ Affairs, or by the Repatriation Commission or Military Rehabilitation and Compensation Commission; orin lieu of an amount payable to the person or partner under the Social Security Act 1991, the A New Tax System (Family Assistance) Act 1999, the A New Tax System (Family Assistance) (Administration) Act 1999 or the Act

Column 1Item

Column 1Subject

Column 3Class of amount

Stolen wages

Payment made to the person or the partner by Queensland Government under a scheme operated by it to provide ex gratia lump sum payments to Aboriginal and Torres Strait Islander people whose wages and savings were controlled by the Queensland Government under a legislative regime known as the Protection Acts

Superannuation co-contribution

Co-contribution received by the person or the partner that is payable under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 to individuals who have an annual income below the higher co-contribution income threshold, make eligible personal superannuation contributions and have employer-supported superannuation

Life insurance payout

Payment made to the person or the partner on death or terminal illness of someone else under a policy of insurance held by the person or the partner

Stolen generations

Payment made to the person or the partner by the South Australian Government under the scheme it operated to provide one‑off ex gratia lump sum payments to Aboriginal people—who were removed from their parents or family as children before 31 December 1975 without a court order; andeither—their usual place of residence, when removed, was South Australia; orthey were removed by South Australian authorities

Compensation for detriment

Payment received by the person or the partner under the Compensation for Detriment Caused by Defective Administration scheme or a payment known as an act of grace payment made under section 65 of the Public Governance, Performance and Accountability Act 2013:to reimburse expenses or compensate for other financial loss incurred by the person or partner due to an administrative error made by an employee of, or contractor to, the Department of Veterans’ Affairs, or by the Repatriation Commission or Military Rehabilitation and Compensation Commission; orin lieu of an amount payable to the person or partner under the Social Security Act 1991, the A New Tax System (Family Assistance) Act 1999, the A New Tax System (Family Assistance) (Administration) Act 1999 or the Act

1	Japanese internment	Compensation payment—as defined in the Compensation (Japanese Internment) Act 2001; ormade under the Veterans’ Entitlements (Compensation — Japanese Internment) Regulations 2001
2	North Korean internment	Compensation payment made under Part 2 (Compensation payments for North Korean internment) of the Veterans’ Entitlements (Clarke Review) Act 2004
3	South Australia energy concession	One-off annual payment by the State Government of South Australia to people eligible for the South Australia Energy Concession to assist with their energy bills
4	Holocaust survivors	One-off payment made on or after 11 February 2000, from a Humanitarian Fund established by Swiss banks and administered by the World Jewish Restitution Organisation through the Executive Council of Australian Jewry, to a person who—lived under the Nazi regime, Nazi occupation or Nazi collaborative regime; andis an Australian citizen or an Australian resident; andis in receipt of:an income support payment within the meaning of the Social Security Act 1991; ora pension
5	Annuity contracts	Amount paid to the person by life insurance business within the meaning of the Life Insurance Act 1995 or superannuation fund as defined in subsection 10(1) of the Superannuation Industry (Supervision) Act 1993 as the minimum amount payable consistent with the need to convert the person’s existing annuity contract to an asset test exempt product if—the person has an annuity contract with the life insurance business or superannuation fund that was current on 20 September 1998; andthe person received an income support payment, within the meaning of the Social Security Act 1991, on 19 September 1998; andthe annuity contract was converted to an asset test exempt product between 20 September 1998 and 31 July 1999
6	Home equity	Amount greater than $40 000 that is paid to or for the following people under a home equity conversion agreement—the person;if the person is a member of a couple—the person’s partner
7	Creutzfeldt-Jakob Disease (CJD)—patients	Ex gratia payment paid to the person as a lump sum by the Commonwealth for risk of CJD because the person—received treatment under the Australian Human Pituitary Hormone Program during 1967 to 1985; andshowed that they suffered a recognised psychiatric illness because they had been told that they were at an increased risk of contracting CJD
8	CJD—children of patients	Amount paid as an ex gratia lump sum paid to the person by the Commonwealth because:the person is a child of any of the following women (the mother):Jane Allender;Jan Blight;Vonda Cummings;Jenny Halford; andthe mother received treatment under the Australian Human Pituitary Hormone Program during 1967 to 1985; andthe mother has died from CJD; andthe person received the payment because the person showed that they suffered a recognised psychiatric illness because the mother died from CJD
9	Accommodation bond or charges	If the person is or was a resident of an aged care service within the meaning of the Aged Care Act 1997 (as in force immediately before the commencement of the Aged Care Act 2024)—any of the following received by the person:exempt bond amount within the meaning of clause 16 of Schedule 5 of the Act;refunded amount within the meaning of clause 17B of Schedule 5 of the Act
10	Crisis payment	Crisis payment granted under the Veterans’ Entitlements (Special Assistance—Crisis Payments) Instrument 2025
11	Medical payment	Payment within the meaning of paragraph 8(8)(v) of the Social Security Act 1991
12	F111 deseal/reseal	One-off payment paid by the Department of Veterans’ Affairs to the person as a participant in the Deseal/Reseal Program conducted by the Royal Australian Air Force or contractors on F-111 aircraft at Amberley, Australia, between 1973 and 2000
13	Motorcycle purchase	Amount received under the Veterans’ Entitlements (Special Assistance—Motorcycle Purchase) Instrument 2025
14	Income received after end of market‑linked income stream term	Amount paid to the person by an asset-test exempt income stream that meets the requirements of subsection 5JBA(1) of the Act if:the income stream is a market linked annuity or market linked pension within the meaning of the Superannuation Industry (Supervision) Regulations 1994; andafter the annual payment in the final year of the income stream, there is a residual balance in the account; andclause 3 of Schedule 6 of the Superannuation Industry (Supervision) Regulations 1994 requires the residual balance to be paid to the person within 28 days after the end of the term of the income stream

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	/rule(s)/subrule(s)/order(s)/suborder(s)
LIA = Legislative Instruments Act 2003	sch = Schedule(s)
(md not incorp) = misdescribed amendment	SLI = Select Legislative Instrument
cannot be given effect	SR = Statutory Rules
mod = modified/modification	sub ch = Sub‑Chapter(s)
No. = Number(s)	sub div = Subdivision(s)
Ord = Ordinance	sub pt = Subpart(s)
	underlining = whole or part not
	commenced or to be commenced

Name	Registration	Commencement	Application, saving and transitional provisions
Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025	14 Feb 2025 (F2025L00123)	15 Feb 2025 (s 2)
Veterans’ Entitlements (Income Exempt Lump Sums) Amendment (Special Assistance) Determination 2025	4 Nov 2025 (F2025L01352)	Sch 1: 21 Feb 2025 (s 2)Remainder: 5 Nov 2025 (s 2)	—
Veterans’ Entitlements (Treatment and Other Matters) Amendment (Aged Care Act 2024) Instrument 2025	28 Oct 2025 (F2025L01276)	1 Nov 2025 (s 2)	—

Provision affected	How affected
s 2	rep LA s 48D
s 5	rep LA s 48C
Sch 1	am F2025L01352; F2025L01276
Sch 2	rep LA s 48C