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

Commonwealth of Australia

Social Security Act 1991

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

I, Ben Wallace, Acting Branch Manager, 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             3^rd August   2005.

B J Wallace

Acting Branch Manager, Seniors and Means Test Branch

Part 1        Preliminary

1   Name of determination

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