Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 1 of 2004

I, Alex Dolan, Assistant Secretary, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Family and Community Services, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 16 March 2004.

Alex Dolan

Assistant Secretary, Seniors and Means Test Branch

Part 1 Preliminary

1 Name of determination

 This determination is the Social Security Exempt Lump Sum Determination No. 1 of 2004.

2 Commencement

 This determination commences on the date it is signed but can have effect in relation to amounts received before the commencement of this determination.

3 Interpretation

 In this determination:

 Act means the Social Security Act 1991;

 Government co-contribution means a co-contribution payable under the Superannuation (Government Co-Contribution For Low Income Earners) Act 2003.

 social security payment has the same meaning as under the Act.

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 than an amount or class of amounts received by a person, is an exempt lump sum.

 (2) If:

(a) a person qualifies for a Government co-contribution payment under the Superannuation (Government Co-Contribution for Low Income Earners) Act 2003; and

(b) at the time the person receives the Government co-contribution payment, that person was in receipt of a social security payment;

 then any amount received by the person, as a Government co-contribution payment, is an exempt lump sum.

5 Application—Exempt Lump Sums

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