Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015 (Cth)

Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015

I, Andrew Whitecross, Branch Manager, Rates and Means Testing Policy Branch, Department of Social Services, delegate of the Secretary, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated this 24th day of June 2015.

………………………………………………………………….

ANDREW WHITECROSS

Part 1         Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015.

2   Commencement

This determination commences on the day after registration.

3   Revocation

The Social Security Exempt Lump Sum Determination No. 4 of 2004 is revoked.

4                      Definitions

In this determination:

Act means the Social Security Act 1991.

compensation payment means a payment under:

(a) section 23 of the Public Governance, Performance and Accountability Act 2013,

(b)  the Compensation for Detriment Caused by Defective Administration scheme; or 

(c) section 65 of the Public Governance, Performance and Accountability Act 2013.

family assistance law means the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.

Human Services Department means the Department administered by the Human Services Minister.

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

Part 2         Exempt Lump Sums

5   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 compensation payment was paid:

(i)to reimburse expenses incurred by a person due to an administrative error made by the Human Services Department, or

(ii)in lieu of an amount paid under the Act, the family assistance law or the Paid Parental Leave Act 2010; and

(c)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.

6   Application—Exempt Lump Sums

An amount, or class of amounts received by a person referred to in subsection 5(2) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.