Social Security Exempt Lump Sum Determination No. 1 of 2005 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 1 of 2005

I, Alex Dolan, Branch Manager , 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             13 January   2005.

Alex Dolan

Branch Manager, Seniors and Means Test Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 1 of 2005.

2   Commencement

This determination commences on the date the determination is signed but can have effect in relation to amounts received, or assistance provided, before the commencement of this determination.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

ex gratia payment means a payment made by the State Government of South Australia in respect of the River Murray fishery licence holders restructure adjustment package. It includes ex gratia payments for the complete relinquishment of existing commercial fishing licences. It does not include payments to persons electing to remain holders of a limited commercial River Murray fishery non-native licence;

River Murray fishery licence holders restructure adjustment package means a process by the State Government of South Australia to offer monetary compensation to certain River Murray commercial fishery licence holders to exit the River Murray fishery;

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 an eligible person:

(a)       has received an ex gratia payment; and

(b)       is in receipt of a social security payment;

then any amount received by the person as an ex gratia payment is an exempt lump sum.

5   Application—Exempt Lump Sums

An amount, or class of amounts received by a person referred to in subsection 4(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.