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

Commonwealth of Australia

Social Security Act 1991

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

I, Shirley Douglas, Assistant Secretary, Payments Legislation and Costings Branch and a delegate of the Secretary of the Department of Employment and Workplace Relations, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated          Third                    August 2005.

Shirley Douglas

Assistant Secretary, Payments Legislation and Costings Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum   (F-111 Deseal/Reseal) (DEWR) 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

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.