Repatriation Commission
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Income (Exempt Lump Sum — Ex Gratia Payment for Australian Prisoners of War in Europe) Determination
Instrument No. R16/2007
I, JEANETTE RICKETTS, National Manager, Income Support and Aged Care Policy, 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 31 May 2007
 
 
 
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 – Ex Gratia Payment for Australian Prisoners of War in Europe) Determination No. R16 of 2007.
1.3           Commencement of Determination
1.3.1        This Determination commenced when the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007 received Royal Assent on 11 May 2007.
1.4           Definitions
1.4.1        In this Determination:
“service pension” has the meaning given to Service pension in subsection 5Q(1) of the VEA.
“income support supplement” means the payment called the income support supplement payable under Part IIIA of the VEA.
“Ex Gratia Payment for Australian Prisoners of War in Europe” means a payment made under Schedule 5 of the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007.
Part 2:   Exempt Lump Sum
2.                Exempt Lump Sum— Ex Gratia Payment for Australian Prisoners of War in Europe
2.1              If:
(a)               a person or a person’s partner has received an Ex Gratia Payment for Australian Prisoners of War in Europe; and
(b)               the person is eligible for, or in receipt of, a service pension or income support supplement;
then the amount received by the person or the person’s partner as the Ex Gratia Payment for Australian Prisoners of War in Europe, is an exempt lump sum.