Social Security Exempt Lump Sum Determination No. 5 of 2004 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 5 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             26 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. 5 of 2004.

2   Commencement

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

3   Interpretation

In this determination:

Act means the Social Security Act 1991.

Re-establishment grant means a one-off grant of up to $100,000 for growers and up to $50,000 for harvesters who are exiting the sugar industry, made under the Sugar Industry Reform Program 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 that an amount or class of amounts received by a person, is an exempt lump sum.

(2)       If an eligible person:

(a)       has received a Re-establishment Grant; and

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

then any amount received by the person, as a Re-establishment Grant, 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.