Exempt Lump Sum (South Australian Fishery Payment) Determination 2005 (Dest) (Cth)

Commonwealth of Australia

Social Security Act 1991

Education, Science and Training Exempt Lump Sum (South Australian Fishery Payment)

Determination[1] 2005

[1] This instrument has effect in relation to provisions of the Social Security Act 1991 in so far as they relate to matters for which the Department of Education, Science and Training has responsibility under the Administrative Arrangements Order made on 16 December 2004.

I, BILL BURMESTER, Acting Secretary of the Department of Education Science and Training make this determination under paragraph 8(11) (d) of the Social Security Act 1991.

Dated    8 July                2005

Bill Burmester

Acting Secretary of the Department of Education Science and Training

Part 1         Preliminary

1                 Name of determination

This determination is the Exempt Lump Sum (South Australian Fishery Payment) Determination 2005.

1. Commencement

This determination applies from 13 January 2005 but may have effect in relation to amounts received, or assistance provided, before the commencement of this determination.

3.                Interpretation

Act means the Social Security Act 1991;

Ex gratia payment means a payment made by the State Government of South Australia in respect of the River Murray fishery licence holders restructure adjustment package.  It includes ex gratia payments for the complete relinquishment of existing commercial fishing licences.  It does not include payments to persons electing to remain holders of a limited commercial River Murray fishery non-native licence;

River Murray fishery licence holders restructure adjustment package means a process by the State Government of South Australia to offer monetary compensation to certain River Murray commercial fishery licence holders to exit the river Murray fishery;

social security payment has the same meaning as in the Social Security Act 1991.

Part 2.        Exempt Lump Sums

4.                Amount or class of amounts

(1)Paragraph 8(11)(d) of the Act provides that the Secretary may determine that an amount or class of amounts received by a person, is an exempt lump sum.

(2)If:

(a)a person has received an ex gratia payment; and

(b)the person is in receipt of a social security payment;

then any amount received by the person, as an ex gratia payment, is an exempt lump sum.

5.                Application-Exempt Lump Sums

I determine that an amount received by a person referred to in paragraph 4(2) of this determination is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.