Social Security Exempt Lump Sum Determination No. 3 of 2004 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 3 of 2004

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             1 July   2004.

Alex Dolan

Assistant Secretary, Seniors and Means Test Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 3 of 2004.

2   Commencement

This determination commences immediately after the commencement of the Veterans’ Entitlement (Clarke Review) Act 2004.

3   Interpretation

In this determination:

Act means the Social Security Act 1991.

compensation payment means a payment under Part 2 of the Veterans’ Entitlement (Clarke Review) Act 2004.

eligible person has the same meaning as in Part 2 of the Veterans’ Entitlements (Clarke Review) Act 2004.

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

Part 2        Exempt Lump Sums

4   Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act provides that the Secretary may determine than an amount or class of amounts received by a person, is an exempt lump sum.

(2)       If an eligible person:

(a)       has received a compensation payment under the Veterans’ Entitlements (Clarke Review) Act 2004; and

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

then any amount received by the person, as a compensation payment, is an exempt lump sum.

5   Application—Exempt Lump Sums

An amount, or class of amounts received by a person referred to in subsection 4(2) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.