Social Security Exempt Lump Sum Determination No. 2 of 2005 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 2 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. 2 of 2005.

2   Commencement

This determination applies from 7 March 2003.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

Queensland Government Indigenous Wages and Savings Reparations Process means a process by the Queensland Government to offer monetary compensation to certain individual Aboriginal and Torres Strait Islander (and any other) persons whose wages and salaries were controlled under a Queensland Government legislative regime known as ‘the Protection Acts’ during the period 1897 to 1986;

reparation payment means a payment made by the State Government of Queensland in respect of the Indigenous Wages and Savings Reparations Process.

social security payment has the same meaning as in the Social Security Act 1991.

4   Revocation

This determination revokes the Social Security Exempt Lump Sum Determination Number 2 of 2003 of 7 March 2003 made under paragraph 8(11)(d) of the Social Security Act 1991.

Part 2        Exempt Lump Sums

5   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 a person accepts a reparation payment then, subject to section 6, the payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.

6   Application—Exempt Lump Sums

It is appropriate to determine that an amount, or class of amounts paid, to a person under the Queensland Government Indigenous Wages and Savings Reparations Process is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the payment is made.