Social Security Exempt Lump Sum Determination No. 1 of 2002 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 1 of 2002

I, Gwenda Prince, Assistant Secretary, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Family and Community Services, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated             27 March   2002.

Gwenda Prince

Assistant Secretary, Seniors and Means Test Branch

Part 1        Preliminary

1.1                   Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 1 of 2002.

1.2                   Commencement

This determination commences on the date it is signed.

1.3                   Definition

In this determination:

Act means the Social Security Act 1991.

licence holder means a person who has been issued a licence under the provisions of the Fisheries Management Act 1994 (NSW) and the Fisheries Management (General) Regulations 1995 (NSW) that allows that person to take and sell fish in certain waters of New South Wales.

Part 2        Exempt Lump Sums

2.1                   Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.

(2)                   The Department of New South Wales Fisheries is instituting a number of areas to be protected from commercial fishing.  Within each of the identified areas to be protected, the Department of New South Wales Fisheries will be offering, all licence holders, an ex gratia lump sum payment under a deed of arrangement to compensate that licence holder for their exclusion and the surrender of their licence to the Department of New South Wales Fisheries.

2.2                   Application—Exempt Lump Sums

It is appropriate to determine that an amount, or class of amounts, paid to a person, at any time, is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date paid but only if the amount is paid by the Department of New South Wales Fisheries to a licence holder to compensate that licence holder for being excluded from commercial fishing in an area or areas identified as an area or areas to be protected from commercial fishing.