Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEST) Determination 2007 (Cth)

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (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 Kimber, Branch Manager, Income Support for Students Branch and 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 20 February 2007.

Murray Kimber

Branch Manager
Income Support for Students Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEST) Determination 2007.

2   Commencement

This determination commences on 23 February 2007.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 means a payment (up to $150,000 per recipient) made to a person by the Australian Government Department of Agriculture, Fisheries and Forestry under the Tobacco Grower Adjustment Assistance Package 2006 in order to assist that person to readjust into economic activities other than tobacco growing;

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 Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 and

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

then any amount received by the person, as a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006, is an exempt lump sum.

5   Application—Exempt Lump Sums

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