Social Security Exempt Lump Sum Determination No. 5 of 2003 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 5 of 2003

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             26 September   2003.

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. 5 of 2003.

1.2                   Commencement

This determination commences on the date it is signed but can have effect in relation to amounts received, or assistance provided, before the commencement of this determination.

1.3                   Interpretation

In this determination:

Act means the Social Security Act 1991;

Bali bombings means the terrorist bombing attack that occurred in Bali on 12 October 2002;

Centrelink means the Commonwealth Services Delivery Agency established under the Commonwealth Services Delivery Agency Act 1997.

Part 2        Exempt Lump Sums

2.1                   Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act enables the Secretary, or his delegate, to determine that an amount, or class of amounts, is an exempt lump sum.

Home, Vehicle and Workplace Modifications

(2)                   If a person, or another person on behalf of that person, has received, or will receive, any Commonwealth, State or Territory Government assistance with home, vehicle and workplace modifications and associated costs because the person was injured in the Bali bombings, then, subject to section 2.2, the value of that assistance is an exempt lump sum.

Emergency Assistance or Out of Pocket Expenses

(3)                   If a person, or another person on behalf of that person, has received, or will receive, from the Commonwealth Government, emergency assistance or assistance with out of pocket expenses because that person was affected by the Bali bombings then, subject to section 2.2, that assistance that has been received, or will be received, as the case may be, is an exempt lump sum.

Red Cross Assistance

(4)                   If a person, or another person on behalf of that person, has received, or will receive, any assistance from the Australian Red Cross Bali Appeal Fund because that person was affected by the Bali bombings then, subject to section 2.2, the value of that assistance is an exempt lump sum.

Travel Assistance

(5)                   If a person, or another person on behalf of that person, has received, or will receive, any Commonwealth Government assistance associated with travel because that person was affected by the Bali bombings, then, subject to section 2.2, the value of that assistance is an exempt lump sum.

2.2                   Application—Exempt Lump Sums

An amount, or class of amounts paid, to a person referred to in subsections 2.1(2), 2.1(3), 2.1(4) or 2.1(5) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received or the assistance was provided.