Social Security Exempt Lump Sum (Compensation payments in respect of certain World War 2 internments) (FaCSIA) Determination 2007 (Cth)

Social Security Exempt Lump Sum (Compensation payments in respect of certain World War 2 internments) (FaCSIA) Determination 2007

Social Security Act 1991

I, Nick Hartland, Branch Manager, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Families, Community Services and Indigenous Affairs, make this determination under paragraph 8(11)(d) of the Social Security Act 1991[1].

[1]"This determination has effect in relation to provisions of the Social Security Act 1991 in so far as they relate to matters for which the Minister for Families, Community Services and Indigenous Affairs has responsibility under the Administrative Arrangements Order".

Dated             31 May               2007

N Hartland

Branch Manager, Seniors and Means Test Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Compensation payments in respect of certain World War 2 internments) (FaCSIA) Determination 2007.

2   Commencement

This determination commences on the day after registration.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

Compensation payments means a one off payment of $25,000 made to a person by the Australian Government Department of Veterans’ Affairs under the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act.

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 person receives a compensation payment, any amount received by the person is an exempt lump sum.

5   Application—Exempt Lump Sums

An amount received on or after the date of commencement of this determination, by a person referred to in subsection 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.