Social Security Exempt Lump Sum Determination No. 3 of 2002 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 3 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. 3 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.

Licence holder means a person who has been issued an A or C licence granted under the provisions of the Forests Act 1958 (Vic) that allows that person to fell, cut or remove wood within a quota allocated under that licence by the Secretary to the Victorian Department of Natural Resources and Environment.

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 Department of Natural Resources and Environment (Vic) has invited applications for financial assistance to businesses and self-employed operators affected by the Victorian State government decision to reduce the number of forest produce licences in the Box-Ironbark forest-based industry.

2.2                   Application—Exempt Lump Sums

It is appropriate to determine that an amount, or class of amounts, paid to a person, at any time, 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 is paid by the Victorian Department of Natural Resources and Environment to a licence holder to compensate that licence holder for being partially or completely excluded from the Box-Ironbark forest based industry.