Document ID: chunk:federal_register_of_legislation:F2015L00068:schedule:9:p1
Version: federal_register_of_legislation:F2015L00068
Segment Type: schedule
Provision Reference: sch 9 (pt 1/3)
Character Range: 153330–156478

Schedule 9
Note: the reference to Schedule 9 is not part of the instrument in Schedule 9.

Commonwealth of Australia

Veterans' Entitlements Act 1986

Veterans' Entitlements Income (Exempt Lump Sum - Compensation) Determination

Instrument 2014 No.R73

The Repatriation Commission, pursuant to paragraph 5H(12)(c) of the Veterans' Entitlements Act 1986 (VEA) determine that an amount specified in Part 2 of the Schedule is an exempt lump sum for the purposes of the definition of "ordinary income" in subsection 5H(1) of the VEA.

 SCHEDULE

Part 1: Preliminary and Interpretation

    1.  EXPLANATION

         1.1 Paragraph 5H(12)(c) of the Act enables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum - the consequence of which is that the amount, or class of amounts, is not ordinary income for the purposes of the Act.

1.2 NAME OF DETERMINATION

         1.2.1 This Determination is the Veterans' Entitlements Income (Exempt Lump Sum - Compensation) Determination.

    1.3 COMMENCEMENT OF DETERMINATION

         1.3.1 This Determination takes effect when the Veterans' Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 commences.

1.4  DEFINITIONS

     1.4.1  In this Determination:

         "Act" means the Veterans' Entitlements Act 1986.

"compensation payment" means a payment under the Compensation for Detriment Caused by Defective Administration scheme (CDDA) or a payment known as an "Act of Grace payment" made under section 65 of the Public Governance, Performance and Accountability Act 2013.

Note: CDDA is an administrative scheme established under the Commonwealth's inherent constitutional powers and by Cabinet Decision 24 October 1995 to enable Commonwealth agencies to compensate persons who have been adversely affected by the 'defective' actions or inaction of such agencies, but who have no other avenues to seek redress.

"Family Assistance law" means the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.

  "service pension" has the meaning given in subsection 5Q(1) of the Act.

  "income support supplement" means the payment called the income support supplement payable under Part IIIA of the Act.

   "partner" has the meaning given in subsection 5E(1) of the Act.

PART 2: EXEMPT LUMP SUM

2.1  If:

              (a)              a person has received a compensation payment; and

              (b)             the compensation payment was paid:

                  (i)                to reimburse expenses or compensate for other financial loss incurred by a person 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; or

                  (ii)             in lieu of an amount payable under the Act; and

         (c) the person is eligible for, or in receipt of, a service pension or income support supplement;

         then any amount received by the person, as a compensation payment, is