Social Security Exempt Lump Sum Determination No. 4 of 2004 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 4 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             15 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. 4 of 2004.

2   Commencement

This determination commences on the date it is signed.

3   Interpretation

In this determination:

Act means the Social Security Act 1991.

compensation payment means a payment under Regulation 9 of the Financial Management and Accountability Regulations 1997, the Compensation for Detriment Caused by Defective Administration scheme or an Act of Grace payment made under section 33 of the Financial Management and Accountability Act 1997.

Family Assistance law means the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.

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 that an amount or class of amounts received by a person, is an exempt lump sum.

(2)       If:

(a)        a person has received a compensation payment; and

(b)        the compensation payment was paid:

(i)   to reimburse expenses incurred by a person due to an administrative error made by Centrelink, or

(ii)    in lieu of an amount paid under the Act or the Family Assistance law; and

(c)        the person 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.