The following table shows how different gift situations are assessed as income for DVA [3] purposes.
If the gift is ... | then it is... |
received as a one-off payment More → [4]
| not treated as income. More → [5]
|
received regularly from a parent, child, brother or sister of the person (the definition of a parent is further defined in section 10A of the VEA [6]) | not treated as income |
received regularly from any other source | treated as income. |
All payments of a legacy are considered to be one-time, lump sum payments and not payments of a recurring nature. Money received by way of a legacy or inheritance is not treated as income whether received as a lump sum or by instalments.
More → [7]
The following table shows how different royalty payment situations are assessed as income for DVA purposes.
If the royalty payment is... | then it is treated as income... |
made directly to a self-employed pensioner | and assessed by adding income from royalties to the fees and other income earned from the self-employment and then deducting expenses to calculate a net profit. |
a lump sum amount paid to a pensioner who is not self-employed | for 12 months from the date the person is entitled to receive that amount. |
The following table shows how different royalty payment situations, paid to indigenous people, are assessed as income for DVA purposes.
If the royalty payment is... | then... |
paid to a self employed member of an indigenous community | it is treated as income.. |
| it not treated as income of the individual pensioner. |
| those payments are considered income. |
Some scholarships, or similar payments, that are provided to students purport to be 'gifts'. In such cases a delegate needs to investigate the nature of the scholarship to determine whether the payment is a 'gift', and therefore exempt, or not a 'gift' and therefore income.
More → [8]
The Department of Veterans' Affairs.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16516%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16516#tgt-cspol_part10_ftn204
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16516#tgt-cspol_part10_ftn205
[5] https://clik.dva.gov.au/book/export/html/16516#tgt-cspol_part10_ftn206
[6] https://www.comlaw.gov.au/Series/C2004A03268
[7] https://clik.dva.gov.au/book/export/html/16516#tgt-cspol_part10_ftn207
[8] https://clik.dva.gov.au/book/export/html/16516#tgt-cspol_part10_ftn208
[9] https://clik.dva.gov.au/book/export/html/16516#ref-cspol_part10_ftn204
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/101-ordinary-income/1013-income-exempt-assessment
[11] https://clik.dva.gov.au/book/export/html/16516#ref-cspol_part10_ftn205
[12] https://clik.dva.gov.au/book/export/html/16516#ref-cspol_part10_ftn206
[13] https://clik.dva.gov.au/book/export/html/16516#ref-cspol_part10_ftn207
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/101-ordinary-income/1017-income-other-sources
[15] https://clik.dva.gov.au/book/export/html/16516#ref-cspol_part10_ftn208