Social Security Exempt Lump Sum Determination No. 2 of 2002 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 2 of 2002

I, Alex Dolan, 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             6 November   2002.

Alex Dolan

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 2002.

1.2                   Commencement

This determination commences on the date it is signed.

1.3                   Definitions

In this determination:

Act means the Social Security Act 1991.

V-E Day means Victory in Europe on 8 May 1945 in relation to World War II.

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.

Dutch-Maror Fund

(2)                   The Dutch-Maror organisation is responsible for disbursing one-off payments to Jewish survivors of World War II and who resided in The Netherlands for a period or periods during World War II.

(3)                   The Dutch-Maror organisation will also disburse one-off payments to the widow or widower or the child or children of a Jewish survivor of World War II if the Jewish survivor died after V-E Day of World War II.

French Decree 2000-657

(4)                   The French Decree 2000-657 is a French law that provides reparations to the orphans of persons who died during the deportation as part of the anti-Semitic persecutions during the German occupation of France during World War II.  The orphan child or children must have been under the age of 21 years at the time of the deportation of their parent or parents.

(5)                   The French Decree 2000-657 will provide for lump sum reparations or lifetime monthly payments to the orphans.

2.2                   Application—Exempt Lump Sums

Dutch-Maror Fund payments

(1) It is appropriate to determine that an amount, or class of amounts, paid to a person, by the Dutch-Maror organisation, before, on, or after the commencement of this determination, in accordance with the requirements of subclauses 2.1(2) or 2.1(3) of this determination, as the case may be, is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount is paid.

French Decree 2000-657 payments

(2) It is appropriate to determine that an amount paid to a person under the French Decree 2000-657, before, on, or after the commencement of this determination, in accordance with the requirements of subclause 2.1(5) 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 paid but only if the amount paid is a lump sum reparation.