Social Security Exempt Lump Sum Determination No. 2 of 2001 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 2 of 2001

I, Gwenda Prince, Assistant Secretary, Seniors and Means Test Branch 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             25^th May   2001.

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. 2 of 2001.

1.2                   Commencement

This determination commences immediately after the commencement of the Compensation (Japanese Internment) Act 2001.

1.3                   Definition

In this determination:

Act means the Social Security Act 1991.

compensation payment means a payment under the Compensation (Japanese Internment) Act 2001.

eligible person has the same meaning as in the Compensation (Japanese Internment) Act 2001.

social security payment has the same meaning as in 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)                   Section 6 of the Social Security (Administration) 1999 provides that a determination made under paragraph 8(11)(d) of the Act may take effect before the day on which the determination is made and the determination has effect as if the determination had taken effect on the earlier day.

(3)                   On 22 May 2001, the Hon Bruce Scott MP, the Minister for Veterans’ Affairs announced that all Australian service personnel who were held prisoner of war and civilians who were interned by Japan during World War II and their surviving widows would receive an ex-gratia payment of $25,000.

(4)                   A person, being an eligible person, and who:

(a)       has received a compensation payment of $25,000 payable under the Compensation (Japanese Internment) Act 2001; and

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

then, subject to clause 2.2(1), the amount paid, to that person, is an exempt lump sum.

2.2                   Application—Exempt Lump Sums

(1) It is appropriate to determine that an amount paid to a person, on or after the commencement of this determination, in accordance with the requirements of subclause 2.1(4) 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 is, or was, paid.