Social Security Exempt Lump Sum Determination No. 2 of 1999 (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum

Determination No. 2 of 1999

I, Evan Mann, Assistant Secretary, Retirement Programs and a delegate of the Secretary to the Department of Family and Community Services, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated             20 January   1999.

Evan Mann

Assistant Secretary, Retirement Programs

Part 1        Preliminary

1.1                   Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 2 of 1999.

1.2                   Commencement

This determination commences on the day on which it is signed.

1.3                   Definition

In this determination:

Act means the Social Security Act 1991.

Holocaust survivor means a person who:

(a)       has lived under the Nazi regime, Nazi occupation, or Nazi collaborative regime; and

(b)       is an Australian citizen or an Australian resident; and

(c)        is in receipt of an income support payment from the Australian Government.

Income support payment has the same meaning as under the Social Security Act 1991.

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 World Jewish Restitution Organisation through the Executive Council of Australian Jewry will disburse one-off payments to needy Holocaust survivors from a Humanitarian Fund established by Swiss banks.

2.2                   Application—Exempt Lump Sums

It is appropriate to determine that an amount, or class of amounts, paid to a Holocaust survivor, at any time after the commencement of this determination, from the Humanitarian Fund and disbursed to the Holocaust survivor by the Executive Council of Australian Jewry, is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount is paid.