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

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

Social Security Act 1991

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

Dated   20 February 2007

Sue Kruse

Assistant Secretary, Income Support Programme Branch, Department of Employment and Workplace Relations

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) (DEWR) 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), known as a Restructuring Grant, 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 receives 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 on or after the date of commencement of this determination, 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.