Exempt Lump Sum Determinations under the VEA
Under Section 5H(12) of the VEA a determination may be made which allows the Secretary (or their delegate) to exempt certain lump sums for income test purposes. This exemption applies to specific lump sums where the Secretary (or their delegate) has signed the appropriate instrument.
An amount is an exempt lump sum under section 5H(12) if the following apply:
- the amount is not a periodic amount
- the amount is not a leave payment
- the amount is not income from remunerative work undertaken by the person, and
- the amount is an amount, or class of amounts that the Commission determines to be an exempt lump sum determined by the Secretary to be an exempt lump sum.
If a Delegate has any queries regarding Lump Sum Determinations or if a person advises of a Lump Sum payment being received that is not on this list, please send an email to PAIS@dva.gov.au
In addition to exempt lump sum instruments under the VEA, Section 5H(12A) allows exempt lump sum instruments made under Section 8(11) of the Social Security Act 1991 to be applied under the VEA. Please see CLIK Policy Library 10.1.3 Exempt Lump Sums - DSS/Other for more information on these instruments.
List of current Instruments ‘In Force’ as at May 2021 – legislation.gov.au
Determination Number | Details | Name of Instrument |
F2015L00121 • 2015 No. R18 |
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F2015L00120 • 2015 No. R19 | If a person has received an energy concession bonus from the South Australian Government, then the amount is an exempt lump sum | |
F2015L00117 • 2015 No. R17 | Compensation payments for North Korea internment | |
F2015L00116 • 2015 No. R16 | Compensation payments for Japanese internment | |
F2016L00039 • 2016 No. R9 | A payment made by the QLD Government under the Queensland Stolen Wages Reparation Scheme | |
F2016L01888 | A payment made by the Netherlands Government to people who were civil servants or military personnel and who were in the service of the Dutch East Indies Government during the Japanese occupation of the Dutch East Indies during World War 2 | |
F2015L00127 | Assistance to purchase a motorcycle | |
F2015L00125 | A one-off payment paid by DVA to participants in the F-111 De-seal/Reseal maintenance program. | |
F2016L00139 • No. R11/2016 | Superannuation Co-contribution Amounts | |
F2001B00159 • SR 2001 No. 102 | A payment of $25,000 made under the Veterans’ Entitlements (Compensation – Japanese Internment) Regulations 2001 | Veterans' Entitlements (Compensation - Japanese Internment) Regulations 2001 (legislation.gov.au) |
F2016L01206 • 2016 No.R44 | A one-off ex gratia lump sum payment made to Aboriginal persons who were removed from their parents or family as children before 31 December 1975 without a court order and whose usual place of residence when removed was South Australia or who were removed by South Australian authorities. | |
F2016L00329 • No. R15/2016 | A payment made to a person upon death or terminal illness of another person pursuant to a policy of insurance. | |
F2015L00068 • 2014 No. R62 | Payments made under the Vehicle Assistance Scheme | Veterans’ Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 (legislation.gov.au) |
F2019L01408 • Instrument 2019 No. R45 | A payment of compensation made by the Commonwealth on behalf of the ADF as the consequence of a claim for compensation for historical child sexual abuse as a member of the ADF. | |
F2017L01602 • Instrument 2017 No. R54 | A payment made by Aurora Energy Pty Ltd under the Tasmanian Special Energy Bonus Scheme | |
F2018L01141 | A redress payment made under the National Redress Scheme for Institutional Child Sexual Abuse established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 | Veterans’ Entitlements (Exempt Lump Sum – Redress Payment) Determination 2018 (legislation.gov.au) |
F2018L00143 • 2018 No. R35 | A one-off payment made to a person by the Australian Defence Force on behalf of the Australian Government under the Defence Reparation Scheme; | |
F2017L00918 | Compensation payment for Australian Prisoners of War in Europe - a one-off payment made under Schedule 5 of the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007. | |
F2012L01078 • No. R26/2012 | A lump sum ex gratia payment paid by CBOSC or the Commonwealth Bank of Australia to people whose service pension or income support supplement payments were affected (directly or indirectly), or who did not claim a service pension or income support supplement payment from 1 July 2007 | |
F2013L01294 • R41/2013 | A payment made to a person, or to an authorised representative on behalf of a person, by the Department of Defence under the Defence Abuse Reparation Scheme. | |
F2014L00389 • No. R21 of 2014 | A payment to an eligible household for their participation in the HILDA Survey | |
F2014L00296 • No. R19 of 2014 | A lump sum payment made pursuant to the settlement of a class action by persons in Australia and New Zealand who suffered thalidomide-caused injuries that was approved by the Victorian Supreme Court on 7 February 2014 | |
F2021L00106 • No R2 of 2021 | A payment of compensation from the Advance Payment Scheme made by the Scottish Government to individuals who have suffered abuse as children while in care in Scotland prior to December 2004 | |
| F2022L00128 • No R2 of 2022 | A redress payment made under the Territories Stolen Generations Redress Scheme | Veterans' Entitlements (Exempt Lump Sum – Payments under the Territories Stolen Generations Redress Scheme) Determination 2022 (legislation.gov.au) |