Document ID: chunk:federal_register_of_legislation:F2025C00076:reg:52
Version: federal_register_of_legislation:F2025C00076
Segment Type: reg
Provision Reference: reg 52
Character Range: 57538–59981

52  Excluded amounts—GST compensation
 (1) This section applies in relation to:
 (a) a person receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to the following provisions of that Act:
 (i) for a person receiving a disability pension payable at the general rate—section 22;
 (ii) for a person receiving a disability pension payable at the general rate including an increased rate for a war‑caused injury or disease—sections 22 and 27;
 (iii) for a person receiving a disability pension payable at the intermediate rate—section 23;
 (iv) for a person receiving a disability pension payable at the intermediate rate including an increased rate for a war‑caused injury or disease—sections 23 and 27;
 (v) for a person receiving a disability pension payable at the special rate—section 24;
 (vi) for a person receiving a war widow or widower pension—subsection 30(1); and
 (b) a person receiving a pension under Part 6 of Chapter 4, or a weekly amount of compensation under Part 2 of Chapter 5, of the Military Rehabilitation and Compensation Act 2004 at a rate determined under or by reference to the following provisions of that Act:
 (i) for a person receiving a Special Rate Disability Pension—sections 198 and 204;
 (ii) for a person receiving a weekly amount of compensation for the death of the person's partner—subsection 234(5).
 (2) The amount that is equal to 4% of the amount of pension, or the weekly amount of compensation, payable to a person under a provision referred to in subsection (1), as applicable from time to time, is an excluded amount.
Note 1: Part II of the Veterans' Entitlements Act deals with pensions, other than service pensions, payable to veterans and their dependants.
Note 2: Part IV of the Veterans' Entitlements Act deals with pensions payable to members of the Defence Forces or a Peacekeeping Force and their dependants.
Note 3: Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 gives former members who are entitled to compensation for incapacity for work a choice to receive a Special Rate Disability Pension instead of compensation.
Note 4: Part 2 of Chapter 5 of the Military Rehabilitation and Compensation Act 2004 gives wholly dependent partners of deceased members an entitlement to compensation in respect of the death of the members. The compensation may be taken as a lump sum or as a weekly amount.