Social Security Exempt Lump Sum Determination No. 8 of 2004 (FACS) (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 8 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 December   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. 8 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 an ex gratia payment made by the State Government of Tasmania in respect of child abuse suffered by a person while in Tasmanian State care;

Tasmanian State care means care, provided by an institution responsible for the provision of child welfare services, which is, or has been:

(a)     administered by the Tasmanian State Government; or

(b)     funded by the Tasmanian State Government;

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 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 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.