Social Security (Exempt Lump Sum – Rectification Action) Determination 2022 (Cth)

Social Security (Exempt Lump Sum – Rectification Action) Determination 2022

I, Caitlin Delaney, Acting Group Manager of the Pensions Housing and Homelessness Group in the Department of Social Services, make the following Determination.

Dated               8 April 2022               

Caitlin Delaney

Acting Group Manager of the Pensions, Housing and Homelessness Group

Delegate of the Secretary of the Department of Social Services

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Exempt lump sum..................................................................................................................... 2

1  Name

This instrument is the Social Security (Exempt Lump Sum – Rectification Action) Determination 2022.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under paragraph 8(11)(d) of the Act.

4  Definitions

In this instrument:

Act means the Social Security Act 1991.

Category 2 Group Member has the meaning for this term given in the Settlement Deed approved by the  Federal Court of Australia on 11 June 2021 in Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634.

Eligible Category 3 Group Member has the meaning for this term given in the Settlement Deed approved by the  Federal Court of Australia on 11 June 2021 in Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634.

Eligible Group Member means a Category 2 Group Member or an Eligible Category 3 Group Member.

Settlement Payment means a payment of a proportion of the settlement sum based upon interest notionally accrued on monies repaid by an Eligible Group Member to the Commonwealth, pursuant to the Settlement Deed approved by the Federal Court of Australia on 11 June 2021 in Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634.

5  Exempt lump sum

For the purposes of paragraph 8(11)(d) of the Act, a Settlement Payment received by an Eligible Group Member is an exempt lump sum.