Social Security Exempt Lump Sum (Redress WA) (DEEWR) Determination 2008 (Cth)

Social Security Exempt Lump Sum (Redress WA) (DEEWR) Determination 2008

Social Security Act 1991

I, Medha Kelshiker, Acting Assistant Secretary, Income Support Programme Branch and a delegate of the Secretary of the Department of Education, Employment and Workplace Relations make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated      17 April           2008

Medha Kelshiker

Acting Assistant Secretary, Income Support Programme Branch

Department of Education, Employment and Workplace Relations

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Redress WA) (DEEWR) Determination 2008.

2   Commencement

This determination commences on 1 May 2008.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

ex-gratia payment means a one-off lump sum payment up to an amount of $80,000.00 made by the State of Western Australia under the scheme known as Redress WA.

Note: payments made under Redress WA can either be a first level payment or a second level payment, eligibility for which is determined by the Western Australian Government.

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 an ex-gratia 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) 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.