Veterans’ Entitlements Income (Exempt Lump Sum – HILDA Survey Lump Sum Participant Payment) Determination No. R21 of 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00389

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Repatriation Commission
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Income (Exempt Lump Sum -  HILDA Survey Lump Sum Participant Payment) Determination 2014
Instrument No. R21/2014
I, MARK HARRIGAN, Senior Executive Band 1, Rehabilitation and Entitlements Policy Branch, as a delegate of the Repatriation Commission, determine under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 (VEA), that an amount specified in Part 2 of the Schedule as an exempt lump sum is an exempt lump sum for the purposes of the definition of “ordinary income” in subsection 5H(1) of the VEA.
 
 
Dated                         31 March 2014
 
 
 
Mark Harrigan
……………………………………….
MARK HARRIGAN
Senior Executive Band 1 (Rehabilitation and Entitlements Policy Branch)
Department of Veterans’ Affairs
Delegate of the Repatriation Commission
SCHEDULE
Part 1: Preliminary and Interpretation
1.           Explanation
1.1         Paragraph 5H(12)(c) of the VEA enables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum.  The consequence of the Determination is that the amount, or class of amounts, is not ordinary income for the purposes of the VEA.
1.2    Name of Determination
1.2.1     This Determination is the Veterans’ Entitlements Income (Exempt Lump Sum – HILDA Survey Lump Sum Participant Payment) Determination No. R21 of 2014.
1.3       Commencement of Determination
1.3.1     This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
1.4       Revocation of Previous Instrument
1.4.1     The Veterans Entitlements Income Exempt Lump Sum Determination No. 8 of 2001 is revoked. 
1.5       Definitions
1.5.1     In this Determination:
eligible household means a household where one or more eligible individuals reside.
Eligible Household Participant Payment is a payment to an eligible household to thank the members of that household for their participation in the HILDA Survey.
eligible individual means a person residing in a household who is eligible to complete a personal questionnaire and that person completes the personal questionnaire.
Eligible Individual Participant Payment is a payment to an eligible individual to thank the individual for their participation in the HILDA Survey.
HILDA Survey means the Household, Income and Labour Dynamics in Australia survey.
HILDA Survey Lump Sum Participant Payment means either an Eligible Household Participant Payment or an Eligible Individual Participant Payment.
service pension and income support supplement means the income support payments payable under Part III and Part IIIA of the Veterans’ Entitlements Act 1986, respectively.
Personal Questionnaire means the questionnaire prepared for the HILDA Survey.
Part 2:   Exempt Lump Sum
2.           Exempt Lump Sum — HILDA Survey Lump Sum Participant Payment
2.1               Amount or class of amounts
 
(1)       Paragraph 5H(12)(c) of the VEA enables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum. 
(2)       If:
(a)   a person has received a HILDA Survey Lump Sum Participant Payment; and
(b)   the person or the person’s partner is in receipt of a service pension, or income support supplement;
the HILDA Survey Lump Sum Participant Payment is an exempt lump sum.
2.2                  Application- Exempt Lump Sums
 
I determine that an amount, or class of amounts, paid to a person as mentioned in paragraph 2.1(2)(a) is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the VEA from the date that the payment is made.