Social Security (Exempt Lump Sum – NSW Government Payments to Stolen Generations Survivors) Determination 2017 (Cth)

Social Security (Exempt Lump Sum – NSW Government Payments to Stolen Generations Survivors) Determination 2017

I, Anita Davis, delegate of the Secretary of the Department of Social Services, make the following determination.

Dated: 17 May 2017

Anita Davis

Acting Branch Manager

International and Means Test Policy Branch

Department of Social Services

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1. Name

This instrument is the Social Security (Exempt Lump Sum – NSW Government Payments to Stolen Generations Survivors) Determination 2017.

1. Commencement

1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered on the Federal Register of Legislation.

Note:      This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

1. Authority

This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.

1. Definitions

In this instrument:

Act means the Social Security Act 1991.

NSW Stolen Generations Reparations Scheme means a scheme operated by the NSW Department of Education to provide a one-off ex gratia lump sum payment of up to $75,000, paid by the NSW Department of Education to Stolen Generations survivors found to have been removed by, committed to, or otherwise come into the care of the Aborigines Protection Board or Aborigines Welfare Board up until the Aborigines Protection Act 1909 was repealed on 20 March 1969.

Stolen Generations Funeral Assistance Fund means a fund to provide a one-off lump sum payment of $7,000 made by the NSW Department of Education to contribute to funeral costs for Stolen Generations survivors found to have been removed by, committed to, or otherwise under the care of the Aborigines Protection Board or the Aborigines Welfare Board up until the Aborigines Protection Act 1909 was repealed on 20 March 1969, or otherwise deemed eligible under the Stolen Generations Reparations Scheme.

Aboriginal Trust Fund Repayment Scheme means an ex gratia repayment of $11,000 made by the NSW Department of Education on a case by case basis as part of the residual management of this Scheme to eligible claimants who did not receive a repayment when the Scheme was operational during the period 2005 to 2011.

1. Exempt lump sum

For the purposes of paragraph 8(11)(d) of the Act, the gross amount of a payment made under the Stolen Generations Reparations Scheme, the Stolen Generations Funeral Assistance Fund or the Aboriginal Trust Fund Repayment Scheme is an exempt lump sum.