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Exempt Lump Sum Determinations under the VEA

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

  • A one-off payment made on or after 11 February 2000 to needy Holocaust survivors 
  • Any amount paid by the life office or a superannuation fund to the person as the minimum amount payable consistent with the need to convert the person’s existing annuity contract or contracts to an asset test exempt product or products
  • An amount in excess of $40,000 that is paid to or on behalf of the person or the person’s partner under a HEC agreement.
  • An ex gratia payment for risk of CJD
  • An exempt bond amount (refund of accommodation bond) received by a person who is or was an aged care resident
  • refunded amount (a refund of accommodation charges) received by a person who is or was an aged care resident
  • A “One-off” crisis payment granted under the Veterans’ Entitlements (Special Assistance) Regulations 1999
  • A payment (other than a periodical payment or a payment representing an accumulation of instalments) made for or in respect of expenses incurred by a person for hospital, medical, dental or similar treatment

Veterans’ Entitlements (Income Exempt Lump Sum – Miscellaneous) Determination 2015 (legislation.gov.au)

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

Veterans’ Entitlements (Income Exempt Lump Sum - Government of South Australia Energy Concession Bonus) Determination 2015 (legislation.gov.au)

F2015L00117 • 2015 No. R17 

Compensation payments for North Korea internment

Veterans’ Entitlements (Income Exempt Lump Sum – North Korean internment Compensation) Determination 2015 (legislation.gov.au)

F2015L00116 • 2015 No. R16

Compensation payments for Japanese internment

Veterans’ Entitlements (Income Exempt Lump Sum – Japanese internment Compensation) Determination 2015 (legislation.gov.au)

F2016L00039 • 2016 No. R9

A payment made by the QLD Government under the Queensland Stolen Wages Reparation Scheme

Veterans' Entitlements (Income Exempt Lump Sum - Queensland Stolen Wages Reparation Payment Scheme) Determination 2016 (legislation.gov.au)

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

Veterans’ Entitlements (Exempt Lump Sum – The Netherlands Government Compensation Payments) Determination 2016 (legislation.gov.au)

F2015L00127

Assistance to purchase a motorcycle

Veterans’ Entitlements (Income Exempt Lump Sum – Assistance to Purchase Motorcycle) Determination 2015 (legislation.gov.au)

F2015L00125

A one-off payment paid by DVA to participants in the F-111 De-seal/Reseal maintenance program.

Veterans’ Entitlements (Income Exempt Lump Sum — F-111 De-seal/Reseal Lump Sum Payment) Determination 2015 (legislation.gov.au)

F2016L00139 • No. R11/2016

Superannuation Co-contribution Amounts

Veterans' Entitlements Income (Exempt Lump Sum - Superannuation Co-contribution Amounts) Determination 2016 (No. R11/2016) (legislation.gov.au)

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.

Veterans' Entitlements (Income Exempt Lump Sum – South Australian Stolen Generations Reparations Scheme) Determination 2016 (legislation.gov.au)

F2016L00329 • No. R15/2016 

A payment made to a person upon death or terminal illness of another person pursuant to a policy of insurance.

Veterans’ Entitlements (Exempt Lump Sum – Life Insurance Payouts) Determination 2016 (No. R15/2016) (legislation.gov.au)

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.

Veterans’ Entitlements (Exempt Lump Sum – Compensation Payments by the Commonwealth on Behalf of the ADF for Historical Child Sexual Abuse Claims) Determination 2019 (legislation.gov.au)

F2017L01602 • Instrument 2017 No. R54

A payment made by Aurora Energy Pty Ltd under the Tasmanian Special Energy Bonus Scheme

Veterans’ Entitlements (Exempt Lump Sum – Tasmanian Special Energy Bonus Scheme) Determination 2017 (legislation.gov.au)

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;

Veterans' Entitlements (Exempt Lump Sum – Defence Reparation Payment) Determination 2018 (legislation.gov.au)

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.

Veterans' Entitlements (Exempt Lump Sum – Compensation Payment for Australian Prisoners of War in Europe) Determination 2017 (legislation.gov.au)

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

Veterans’ Entitlements Income (Exempt Lump Sum - Commonwealth Bank Officers Superannuation Corporation Pty Limited - OSF DB Rectification Project Payment) Determination No. R26 of 2012 (legislation.gov.au)

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.

Veterans' Entitlements Income (Exempt Lump Sum - Defence Abuse Reparation Scheme) Determination (No. R41/2013) (legislation.gov.au)

F2014L00389 • No. R21 of 2014

A payment to an eligible household for their participation in the HILDA Survey

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

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

Veterans’ Entitlements Income (Exempt Lump Sum – Thalidomide Class Action Payment) Determination No. R19 of 2014 (legislation.gov.au)

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

Veterans’ Entitlements (Exempt Lump Sum – Payments of compensation by the Scottish Government from the Advance Payment Scheme) Determination 2021