Social Security Exempt Lump Sum (F-111 Deseal/Reseal) (DEST) Determination 2005 (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum (F-111 Deseal/Reseal) (DEST) Determination1 2005

I, Lisa Paul, Secretary of the Department of Education, Science and Training, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated             Third August 2005.

Lisa Paul

Secretary, Department of Education, Science and Training

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (F‑111 Deseal/Reseal) (DEST) Determination 2005.

2   Commencement

This determination commences on the day on which it is signed.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

Ex gratia payment means a payment made to a person by the Australian Government on an ex gratia basis in recognition of exposure experienced by that person as a result of working on, or in close proximity to, F-111 deseal or reseal work, at any time between 1973 and 2000;

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 an ex gratia payment; and

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

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

5   Application—Exempt Lump Sums

I determine than an amount received by a person referred to in subclause 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.

[1] This instrument has effect in relation to provisions of the Social Security Act 1991 in so far as they relate to matters for which the Department of Education, Science and Training has responsibility under the Administrative Arrangements Order made on 16 December 2004.