This section contains the guidelines for general and special exemptions from the deeming provisions.
VEA ? [3]
Under the VEA [6], the Minister for Veterans' Affairs is the only person with the power to exempt:
from the deeming provisions. Requests for exemption should be forwarded to the Investment Data Base Unit in Sydney, and recommendations are then made to the Minister.
If the Minister grants an exemption, any return produced by the financial investment is assessed, even if the rate of return is greater than the applicable deeming rates. The asset value of a financial investment exempted from the deemed income rules will continue to be assessed under the assets test.
More ? [7]
In keeping with the policy intent of deeming, exemptions are granted only if the:
The poor performance of an accessible investment is insufficient grounds for exemption from the deemed income rules. If there are alternative options such as redemption and reinvestment of funds, exemptions will not be granted.
The Deeming Exemptions Register contains details of all exemptions. The register also contains information on the asset value to be used for investments with companies and financial institutions in financial difficulty.
More ? [8]
Veterans' Entitlements Act 1986.
According to section 5J of the VEA, a financial investment means:
but does not include an investment in an FHSA (within the meaning of the First Home Saver Accounts Act 2008) or a designated NDIS amount.
Last amended: 5 March 2010
The Minister can also exempt 'Saved' Loans and 'frozen' Unlisted Property Trusts.
Requests for exemption should be forwarded to the Investment Data Base Unit in Sydney, and recommendations are then made to the Minister.
Prior to 1 January 2010 specific funds offered by certain church and charitable institutions were exempt from deeming.
From 1 January 2010, deeming exemptions ceased to be granted for new funds and for new investments placed into existing funds which had previously been granted a deeming exemption prior to 1 January 2010.
Pensioners who have already made investments in an exempt fund prior to 1 January 2010 will continue to have their original investment exempted from deeming and the actual interest earned counted as income under the income test.
If a pensioner puts more money into their exempt investment or makes a new investment with a church and charitable institution on or after 1 January 2010, the deeming exemption will only apply to the amount invested prior to 1 January 2010.
The following two forms of investment, which were exempt from deeming before the July 1996 deeming changes, are now included in deemed income unless a pensioner can demonstrate financial hardship:
Very few pensioners hold these forms of investment. To be granted an exemption a pensioner must:
For the purposes of deeming exemptions only, financial hardship is when a pensioner's total income, as a result of deeming, is lower than the maximum rate of pension or allowance, including rent assistance [6] where applicable, that could be paid to the pensioner under the income test.
In this instance, total income is the sum of the following:
Requests for exemption from deeming for 'saved' loans or 'frozen' unlisted property trusts, are treated as an application for review of a decision, as described in the following table:
If a pensioner requests an exemption... |
Then the exemption applies from the... |
Within 3 months of the advice that deeming had been applied to the investment. |
date of effect of the assessment, and arrears are payable from that date. |
More than 3 months after the advice that deeming had been applied to the investment. |
date the request is received. |
NDIS amounts [6] held by, or on behalf of, an NDIS participant [6] to pay for future disability expenses under their NDIS plan [6] are exempt from the deeming provisions of the income test.
Any actual returns that are earned, derived or received on NDIS amounts are exempt income and also exempt from deeming.
According to section 5L of the VEA [14]a family member, in relation to a person, means:
Please note, the definition of a parent is further defined in section 10A of the VEA [14].
Rent Assistance is an allowance which may be paid to a service pensioner, income support supplement (ISS) or veteran payment recipient to assist in meeting the cost of rental accommodation.
To receive rent assistance a pensioner must be paying rent (other than Government rent) for accommodation in Australia, and the amount paid must exceed a certain threshold.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means an amount paid under the NDIS in respect of reasonable and necessary supports funded under a NDIS participant’s plan.
Has the same meaning as in the National Disability Insurance Scheme Act 2013, and means a person with disability who meets the access requirements to become a participant in the NDIS.
Has the same meaning as in the National Disability Insurance Scheme Act 2013 and is the plan agreed between an NDIS participant and a Disability Care Australia planner setting out the reasonable and necessary supports the participant requires to achieve their goals and aspirations and describing how these supports will be provided.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16071%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/16069%23comment-form
[3] https://clik.dva.gov.au/book/export/html/16071#tgt-cspol_part9_ftn461
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/16071#ref-cspol_part9_ftn461
[6] https://clik.dva.gov.au/%23
[7] https://clik.dva.gov.au/book/export/html/16071#tgt-cspol_part9_ftn462
[8] https://clik.dva.gov.au/book/export/html/16071#tgt-cspol_part9_ftn463
[9] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles
[10] https://clik.dva.gov.au/book/export/html/16071#ref-cspol_part9_ftn462
[11] https://clik.dva.gov.au/compensation-and-support-reference-library/deeming-exemptions-register/overview
[12] https://clik.dva.gov.au/book/export/html/16071#ref-cspol_part9_ftn463
[13] https://clik.dva.gov.au/user/login?destination=node/16039%23comment-form
[14] http://www.comlaw.gov.au/Series/C2004A03268