VETERANS' ENTITLEMENTS ACT 1986 - SECT 52ZZZP Anti - avoidance

VETERANS' ENTITLEMENTS ACT 1986 - SECT 52ZZZP

  (1)   If:

  (a)   one or more entities enter into, commence to carry out, or carry out, a scheme; and

  (b)   it would be concluded that the entity, or any of the entities, who entered into, commenced to carry out, or carried out, the scheme did so for the sole or dominant purpose of obtaining an income support advantage for an individual (who may be the entity or one of the entities);

the Commission may, by writing, make any or all of the following determinations:

  (c)   a determination that this Division has, and is taken to have had, effect as if the individual were an attributable stakeholder of a specified company or trust at a specified time or during a specified period;

  (d)   a determination that this Division has, and is taken to have had, effect as if a specified asset were owned by a specified company or trust at a specified time or during a specified period;

  (e)   a determination that this Division has, and is taken to have had, effect as if specified income had been derived by a specified company or trust at a specified time or during a specified period.

  (2)   A determination under subsection   (1) has effect accordingly.

Obtaining an income support advantage

  (3)   For the purposes of this section, an entity has a purpose of obtaining an income support advantage for an individual (who may be the entity) if the entity has a purpose of:

  (a)   enabling the individual to obtain any of the following:

  (i)   a service pension;

  (ii)   income support supplement;

  (iia)   a veteran payment;

  (iii)   a social security pension;

  (iv)   a social security benefit; or

  (b)   enabling the individual to obtain any of the following at a higher rate than would otherwise have been payable:

  (i)   a service pension;

  (ii)   income support supplement;

  (iia)   a veteran payment;

  (iii)   a social security pension;

  (iv)   a social security benefit; or

  (c)   ensuring that the individual would be eligible for benefits under Division   12 of this Part or fringe benefits under the Social Security Act.