Document ID: chunk:federal_register_of_legislation:F2015L00068:front:0:p39
Version: federal_register_of_legislation:F2015L00068
Segment Type: other
Provision Reference: 
Character Range: 100363–103344

Veterans' Entitlements (Modification of Income Deprivation Rules) Principles 2002
Instrument 2014 No. R77

Contents

Page
Part 1 Preliminary

 1Name of Principles

 2Commencement

 3Definitions

 4 Purpose

Part 2 Disposal of ordinary income (on or after 1 January 2002) by individual

 5Purpose of Part 2

 6Definitions

 7Transferor as sole attributable stakeholder

 8Transferor as member of couple

 9Transfer to company or trust with 2 or more attributable stakeholders

 10Transfer to company or trust by individual who becomes attributable stakeholder

Part 3 Disposal of ordinary income (on or after 1 January 2002) by company or trust

 11Purpose of Part 3

 12Disposal to attributable stakeholder

Part 4 Disposal of ordinary income (before 1 January 2002) by attributable stakeholder

 13Purpose of Part 4

 14Definitions

 15Application of Division 7 of Part IIIB of Act where value of property same or greater

 16Application of Division 7 of Part IIIB of Act where value of property decreased after transfer

 17Application of Division 7 of Part IIIB of Act where company or trust retains value of transferred property

 18Transfer by member of couple

Part 5 Disposal of ordinary income (before 1 January 2002) by individual whose spouse is attributable stakeholder

 19Purpose of Part 5

 20Definitions

 21Application of Division 7 of Part IIIB of Act where value of property same or greater

 22Application of Division 7 of Part IIIB of Act where value of property decreased after disposal

 23Application of Division 7 of Part IIIB of Act where company or trust retains value of transferred property

Part 1 Preliminary

1 Name of Principles

  These Principles are the Veterans' Entitlements (Modification of Income Deprivation Rules) Principles 2002.

2 Commencement

  These Principles commence when the Veterans' Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 commences.

3 Definitions

  In these Principles:
Act means the Veterans' Entitlements Act 1986.

4 Purpose

  These Principles set out decision-making principles with which the Commission must comply for the purposes of making a determination under subsection 52ZZZB (1), 52ZZZC (3), 52ZZZD (1) or 52ZZZE (1) of the Act.

Part 2 Disposal of ordinary income (on or after 1 January 2002) by individual

5 Purpose of Part 2

  This Part sets out decision-making principles with which the Commission must comply in making a determination for subsection 52ZZZB (1) of the Act.

6 Definitions

  In this Part:
individual means an individual who transfers property to a company or trust in accordance with subsection 52ZZZB (1) of the Act.

7 Transferor as sole attributable stakeholder

 (1) This section applies to an individual who is not a member of a couple.

 (2) The Commission must take into account whether the individual was the only attributable stakeholder of the company or trust, either before or after the transfer.

8 Transferor as member of couple

 (1)