Repatriation Commission
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Income (Exempt Lump Sum — Exceptional Circumstances Exit Grant) Determination
 
Instrument No. R9/2008
I, JEANETTE RICKETTS, Senior Executive Band 1 (Income Support and Aged Care Policy Group), Department of Veterans’ Affairs, and 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    11 March 2008
 
 
 
 
..Jeanette Ricketts………………………………………………..
JEANETTE RICKETTS
 
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 – Exceptional Circumstances Exit Grant) Determination
No. R9 of 2008.
1.3           Commencement of Determination
1.3.1       This Determination commences on the day after the day on which it is registered on the Federal Register of Legislative Instruments.
1.4           Definitions
1.4.1       In this Determination:
“income support payment” means a service pension or income support supplement.
“income support supplement” means the payment called the income support supplement payable under Part IIIA of the VEA.
“service pension” has the meaning given to service pension in subsection 5Q(1) of the VEA.
“Exceptional Circumstances Exit Grant” means a one-off Exceptional Circumstances Exit Grant payment of up to $150,000 made to a person by the Commonwealth Government Department of Agriculture, Fisheries and Forestry under the “Exceptional Circumstances Exit Package 2007”.
 
 
Part 2:   Exempt Lump Sum
2.                Exempt Lump Sum — Exceptional Circumstances Exit Grant
 
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 or a person’s partner has received an Exceptional Circumstances Exit Grant; and
(b)              the person is in receipt of, or has claimed, an income support payment;
then any amount received by the person or the person’s partner, as an Exceptional Circumstances Exit Grant 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 on and from the date that the payment is made.