INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 1AA - Exemption from income tax: payments under the Social Security Act 1991 and the Veterans' Entitlements Act 1986, and similar payments  

Subdivision E - Exemption from income tax - payments by virtue of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986  

SECTION 24AE   PAYMENTS BY VIRTUE OF THE VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986  

24AE(1)   [Tax treatment of payments]  

The treatment of a payment made in accordance with Table A in Schedule 3 to the Repatriation Act 1920 (including that Table as applying by virtue of the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962 or the Interim Forces Benefits Act 1947) , as in force by virtue of subsection 4(6) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 , to the extent that the payment:

(a) is payable because the taxpayer is either:

(i) the mother of a deceased member of the Forces (being a woman who is a widow or is divorced or has been deserted by her husband) within the meaning of the Act concerned or the relevant Part of that Act; or

(ii) a parent of a deceased member of the Forces (other than a woman who is a widow or is divorced or who has been deserted by her husband) within the meaning of the Act concerned or the relevant Part of that Act, being a parent who:

(A) in the case of a woman - is not under the age of 60 years; or

(B) in the case of a man - is not under the age of 65 years; and

(b) is payable in the circumstances constituting a prescribed case for the purposes of that Table; and

(c) exceeds the amount that would have been assessed if the requirement in that Table to have regard to the maximum rate of age pension under subsection 33(1) of the Social Security Act 1947 were disregarded;

is as follows:

(d) so much of the payment as was included in the payment because the taxpayer or the spouse of the taxpayer paid rent is exempt;

(e) so much of the payment, being a payment of a pension, allowance or benefit, as represents an increase in the rate of that pension, allowance or benefit that is calculated by reference to another person or other persons is exempt;

(f) so much of the payment as was included in the payment by way of remote area allowance is exempt;

(g) the balance of the payment is not exempt.

24AE(2)   [Exempt other payments]  

Other payments payable by virtue of subsection 4(6) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 are exempt.