Repatriation Commission
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Income (Exempt Lump Sum — Superannuation Co-contribution Amounts) Determination
Instrument No. R7/2006
I, JEANETTE RICKETTS, Branch Head, Income Support Branch, 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    8      February, 2006
 
 
 
 
……………………………..…………….….
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 – Superannuation Co-contribution Amounts) Determination No. R7 of 2006.
1.3           Commencement of Determination
1.3.1        This Determination commences on the date it is signed but can have effect in relation to amounts received, or assistance provided, before the commencement of this determination.
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.
“Superannuation Co-contribution Amount” means a payment made under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 or the Superannuation (Government Co-contribution for Low Income Earners) (Consequential Amendments) Act 2003, of a Government superannuation co-contribution to individuals who have an annual income of $40,000 or less, make eligible personal superannuation contributions and have employer-supported superannuation.
 
Part 2:   Exempt Lump Sum
2.                Exempt Lump Sum— Superannuation Co-contribution Amounts
2.1              If:
(a)               a person or a person’s partner has received a Superannuation Co-contribution Amount; 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 a Superannuation Co-contribution Amount, is an exempt lump sum.