Social Security Exempt Lump Sum (Tasmanian Government Stolen Generations of Aboriginal Children) (FaHCSIA) Determination 2008 (Cth)

Social Security Exempt Lump Sum (Tasmanian Government Stolen Generations of Aboriginal Children) (FaHCSIA) Determination 2008

Social Security Act 1991

I, Alanna Foster, Branch Manager, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Families, Housing, 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, Housing, Community Services and Indigenous Affairs has responsibility under the Administrative Arrangements Order.

Dated  TWENTY THIRD DAY OF APRIL   2008

A R FOSTER

Branch Manager, Seniors and Means Test Branch

Part 1        Preliminary

1   Name of determination

This determination is the Social Security Exempt Lump Sum (Tasmanian Government Stolen Generations of Aboriginal Children) (FaHCSIA) Determination 2008.

2   Commencement

This determination commences on the day after it is registered.

3   Interpretation

In this determination:

Act means the Social Security Act 1991;

ex gratia payment means either or both:

(a)a one-off payment of up to $5,000.00 (with a maximum of $20,000 per family group of children) made by the Secretary of the Department to an applicant under the Stolen Generations of Aboriginal Children Act 2006(Tas) from the Stolen Generations Fund;

(b)an amount of money paid from the balance remaining in the Stolen Generations Fund after claims made by applicants (a) above have been paid by the Secretary of the Department.

Note: All eligibility criteria to receive the ex gratia payment, and definitions of the terms ‘family group of children’, ‘applicant’, ‘Secretary of the Department’ and ‘Stolen Generations Fund’ are defined terms under the Stolen Generations of Aboriginal Children Act 2006(Tas).

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.