Social Security Exempt Lump Sum (Pastoral Care and Assistance Scheme Payment) (DEST) Determination 2007 (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum (Pastoral Care and Assistance Scheme Payment) (DEST) Determination 2007[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 Education, Science and Training has responsibility under the Administrative Arrangements Order.

I, MURRAY KEITH KIMBER, Branch Manager, Income Support for Students Branch and a delegate of the Secretary of the Department of Education, Science and Training, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated     28^th March                 2007

Murray Keith Kimber

Branch Manager, Income Support for Students Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Pastoral Care and Assistance Scheme Payment) (DEST) Determination 2007.

2   Commencement

This determination commences 13 weeks prior to the date of registration of this instrument.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

Pastoral Care and Assistance Scheme Payment means a payment made by the Anglican Church or ANGLICARE under the Pastoral Care and Assistance Scheme Anglican Church Diocese of Sydney and ANGLICARE Diocese of Sydney to a person in recognition of moderate or severe psychological damage to the person resulting from child abuse or sexual misconduct by a church worker;

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 a Pastoral Care and Assistance Scheme payment and

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

then any amount received by the person, as a Pastoral Care and Assistance Scheme payment, is an exempt lump sum.

5   Application—Exempt Lump Sums

This determination applies to an amount received by a person referred to in subsection 4(2) of this determination (which is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act) on or after the commencement of this determination.