Social Security Exempt Lump Sum (Family Day Care Start Up Payment) (FaCSIA) Determination 2007 (Cth)

Social Security Exempt Lump Sum (Family Day Care Start Up Payment) (FaCSIA) Determination 2007

Social Security Act 1991

I, Nick Hartland, Branch Manager, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Families, Community Services and Indigenous Affairs, make this determination under paragraph 8(11)(d) of the Social Security Act 1991[1].

[1]This determination 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 Families, Community Services and Indigenous Affairs has responsibility under the Administrative Arrangements Order.

Dated             21   May 2007

N Hartland

Nick Hartland

Branch Manager, Senior and Means Test Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Family Day Care Start Up Payment) (FaCSIA) Determination 2007.

2   Commencement

This determination commences the day after the day on which it is registered on the Federal Register of Legislative Instruments.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

Family Day Care Start Up Payment means a payment (up to $1,500 per recipient), made to a person on behalf of the Commonwealth by the Australian Government Department of Families, Community Services and Indigenous Affairs (FaCSIA) under the 2005 Welfare to Work Budget Package in order to assist that person in meeting the initial costs of setting up their home-based child care business through Family Day Care;

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 receives a Family Day Care Start Up Payment; and

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

then any amount received by the person, as a Family Day Care Start Up Payment, is an exempt lump sum.

5   Application—Exempt Lump Sums

An amount received by a person referred to in subsection 4(2) of this determination on or after the date of commencement of this determination, is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received by the person.