Social Security Exempt Lump Sum (Queensland Government Redress Scheme) (FaCSIA) Determination 2007 (Cth)

Social Security Exempt Lump Sum (Queensland Government Redress Scheme) (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 the provisions of the Social Security Act 1991 in so far as they relate to matters for which the Minister for Families, Community Services and Indigenous Affairs has responsibility under the Administrative Arrangements Order.

Dated             6 September          2007

Nick Hartland

Branch Manager, Seniors and Means Test Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Queensland Government Redress Scheme) (FaCSIA) Determination 2007.

2   Commencement

This determination commences on 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;

first level payment means:

a one-off payment of $7,000.00 made by the Queensland Government under the scheme known as the Redress Scheme.

second level payment means:

a one-off payment of up to $33,000.00 made by the Queensland Government under the scheme known as the Redress Scheme.

Note:  the total amount paid under the Redress Scheme and that can be exempt under this determination is $40,000.00.

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 receives a first level payment, any amount of that payment received by the person is an exempt lump sum.

(3)       If a person receives a second level payment, any amount of that payment received by the person is an exempt lump sum.

5   Application—Exempt Lump Sums

On or after the date of commencement of this determination, an amount referred to in subsection 4(2) or subsection 4(3)  of this determination received by a person is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.