Social Security Exempt Lump Sum (New South Wales Aboriginal Trust Fund Repayment Scheme) (Dest) Determination 2005 (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum (New South Wales Aboriginal Trust Fund Repayment Scheme) (DEST) Determination[1] 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   20    September   2005.

Lisa Paul

Secretary of the Department of Education, Science and Training

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (New South Wales Aboriginal Trust Fund Repayment Scheme) (DEST)  Determination 2005.

2   Commencement

This determination commences on 30 June 2005.

3   Interpretation

In this determination:

Act means the Social Security Act 1991.

Aboriginal Trust Fund Repayment Scheme means the scheme of that same name administered by the NSW Government, which makes ex gratia payments to Aborigines to compensate for wages and other money that was paid into New South Wales trust funds between 1900 and 1968 and never repaid.

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 person:

(a)        has received an amount under the Aboriginal Trust Fund Repayment Scheme; and

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

then the amount received by the person, under the Aboriginal Trust Fund Repayment Scheme, is an exempt lump sum.

5   Application—Exempt Lump Sums

I determine that an amount, or class of amounts received by a person referred to in subclause [a1]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 as amended on 21 July 2005.

[a1]Colin, the purpose for this change from “subsection” to “subclause” is to avoid confusion with references to sections in the Act.