Social Security (Exempt Lump Sum –Settlement of Per- and Poly-fluoroalkyl Class Action) Determination 2021 (Cth)

Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Action) Determination 2021

I, Caitlin Delaney, delegate of the Secretary of the Department of Social Services, make the following Determination.

Dated 10 May 2021                

Caitlin Delaney / Branch Manager, Older Australians Branch

Delegate of the Secretary of the Department of Social Services

1  Name

This instrument is the Social Security (Exempt Lump Sum –Settlement of Per- and Poly-fluoroalkyl Class Action) Determination 2021.

2  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.

Note:          This table relates only to the provisions of this instrument as originally made.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.

(2)  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.

3  Authority

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

4  Definitions

In this instrument:

Act means the Social Security Act 1991.

Group Member has the meaning given by the Settlement Deed dated 5 June 2020 approved by the Federal Court on 5 June 2020 in Smith v Commonwealth of Australia (No.2) [2020] FCA 837.

Settlement Payment means a payment to or for the benefit of a Group Member pursuant to the class action settlement approved by the Federal Court on 5 June 2020 in Smith v Commonwealth of Australia (No.2) [2020] FCA 837 relating to alleged damage in part in relation to property value diminution.

5  Exempt lump sum

For the purposes of paragraph 8(11)(d) of the Act, if a Group Member receives a Settlement Payment, the amount of the payment that is compensation for property value diminution is an exempt lump sum.