Commonwealth of Australia
Social Security Act 1991
Social Security Exempt Lump Sum
Determination No. 3 of 2001
I, Gwenda Prince, 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 11 September 2001.
Gwenda Prince
Assistant Secretary, Seniors and Means Test Branch
Part 1 Preliminary
1.1 Name of determination
This determination is the Social Security Exempt Lump Sum Determination No. 3 of 2001.
1.2 Commencement
This determination commences on the date it is signed.
1.3 Definitions
In this determination:
Act means the Social Security Act 1991.
eligible household means a household where there is more than one person residing in that household who are eligible to complete a personal questionnaire and each eligible person in that household completes that questionnaire.
eligible single household means either:
(a) a household where there is only one person residing in that household who is eligible to complete a personal questionnaire and that person completes that questionnaire; or
(b) a household where there is more than one person residing in that household who is eligible to complete a personal questionnaire but only one person completes that questionnaire.
HILDA survey means the Household, Income and Labour Dynamics in Australia survey.
personal questionnaire means the questionnaire prepared for the Household, Income and Labour Dynamics in Australia survey.
Part 2 Exempt Lump Sums
2.1 Amount or class of amounts
(1) Paragraph 8(11)(d) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.
Eligible household amount
(2) Where every person, eligible to complete the personal questionnaire of an eligible household, completes that questionnaire, then, that eligible household may be provided financial assistance of $50, to partially reimburse that eligible household for any expenses associated with that household’s participation in the HILDA survey.
Eligible single household amount
(3) Where only one person, eligible to complete the personal questionnaire of an eligible single household, completes that questionnaire, then, that eligible single household may be provided financial assistance of $20, to partially reimburse that eligible single household for any expenses associated with that household’s participation in the HILDA survey.
2.2 Application—Exempt Lump Sums
(1) It is appropriate to determine that an amount, or class of amounts, paid to a person, on behalf of either an eligible household or an eligible single household, before, on, or after the commencement of this determination, in accordance with the requirements of subclauses 2.1(2) or 2.1(3) of this determination, as the case may be, is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount is paid.
Overview
The Social Security Exempt Lump Sum Determination No. 3 of 2001 was introduced to address a specific gap within the Social Security Act 1991, aiming to provide financial assistance to households participating in the Household, Income and Labour Dynamics in Australia (HILDA) survey. Enacted by Gwenda Prince, Assistant Secretary of the Seniors and Means Test Branch and a delegate of the Secretary of the Department of Family and Community Services, this determination was made under the authority granted by paragraph 8(11)(d) of the Act. The primary policy objective of this determination is to reimburse eligible households for expenses incurred during their participation in the HILDA survey, thereby encouraging continued and accurate data collection essential for policy formulation and social security assessments.
Scope and Application
The Social Security Exempt Lump Sum Determination No. 3 of 2001 applies to persons and households participating in the Household, Income and Labour Dynamics in Australia (HILDA) survey, a longitudinal study tracking the socio-economic status of households in Australia. The determination provides that eligible households and eligible single households, defined as those where eligible persons complete the personal questionnaire, may receive a lump sum payment of $50 and $20 respectively as financial assistance to partially reimburse for expenses incurred from participating in the survey. This determination is applicable across Australia, as it is a Commonwealth instrument. Notably, it does not specify exclusions, exemptions, or thresholds beyond those outlined in the determination itself. The scope of application is extended or restricted through the subordinate instrument, the Social Security Act 1991, which outlines the conditions and definitions pertinent to the determination.
Key Provisions
The main operative sections of this determination (sections 2.1 and 2.2) establish the conditions under which certain financial assistances are considered exempt lump sums for the purposes of the Social Security Act 1991. Specifically, section 2.1(2) provides that an eligible household, where every eligible person completes a personal questionnaire, can receive $50 to reimburse for expenses related to their participation in the Household, Income and Labour Dynamics in Australia (HILDA) survey. Similarly, section 2.1(3) states that an eligible single household, where only one eligible person completes a personal questionnaire, can receive $20 under the same conditions. Section 2.2 confirms that amounts paid in accordance with these provisions are considered exempt lump sums from the date they are paid.
This determination imposes several obligations and requirements on the parties involved. Firstly, eligible households and eligible single households must ensure that all eligible persons complete the personal questionnaire associated with the HILDA survey to qualify for the financial assistance. The determination also requires the responsible authority to verify the completion of these questionnaires before providing the financial assistance. Furthermore, the authority must adhere to the specified amounts ($50 for eligible households and $20 for eligible single households) and ensure these amounts are paid in accordance with the requirements outlined in the determination.
Breaching the conditions set forth in this determination could result in civil or criminal consequences, although the specific nature of these consequences is not detailed in the text provided. Generally, under the Social Security Act 1991, breaches of legislation related to social security can lead to various penalties, including fines and, in severe cases, criminal charges. However, the exact penalties applicable to this specific determination are not explicitly stated in the provided excerpt. It is important to note that the misuse of funds or fraudulent claims could attract penalties under the relevant sections of the Act.