Exempt Lump Sum (Tasmanian Child Abuse Payment) Determination 2005 (Dest) (Cth)

Commonwealth of Australia

Social Security Act 1991

Education, Science and Training Exempt Lump Sum (Tasmanian Child Abuse 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 (Tasmanian Child Abuse Payment) Determination 2005.

1. Commencement

This determination applies from 15 December 2004.

3.                Interpretation

Act means the Social Security Act 1991;

compensation payment means an ex gratia payment made by the State Government of Tasmania in respect of child abuse suffered by a person while in Tasmanian State care.

Tasmanian State care means care, provide by an institution responsible for the provision of child welfare services, which is, or has been:

(a)     administered by the Tasmanian State Government; or

(b)     funded by the Tasmanian State Government;

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 a compensation payment; and

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

then any amount received by the person, as a compensation 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.