Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010 (Cth)

Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010

Social Security Act 1991

I, DAVID PATTIE, Branch Manager, Income Support Programs Branch, Department of Education, Employment and Workplace Relations, make this Determination under paragraph 8 (11) (d) of the Social Security Act 1991.

Dated        17 December   2010

DAVID PATTIE

Assistant Secretary, Income Support Programs Branch

Department of Education, Employment and Workplace Relations

1. Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010.

1. Commencement

This Determination commences on the day after it is registered.

1. Application

This Determination applies to an ex gratia payment made before, on or after the commencement of this Determination.

1. Definition

In this Determination:

ex gratia payment means a payment:

(a)     of up to $50 000 made by the South Australian Attorney-General under the Victims of Crime Act 2001 (SA) from the Victims of Crime Fund set up under that Act to individuals who have suffered sexual abuse as children while in State care; or

(b)     a payment of up to $750 made from the same Fund for the payment of legal fees incurred in obtaining legal advice for the purposes of signing a Deed of Settlement and Release in relation to a payment mentioned in paragraph (a).

1. Exempt lump sum

For paragraph 8 (11) (d) of the Social Security Act 1991, an ex gratia payment is an exempt lump sum.