Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum
Determination No. 4 of 2003

I, Leonie Corver, Acting 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 21 August 2003.

L Corver

Acting 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. 4 of 2003.

1.2 Commencement

 This determination commences on the date it is signed.

1.3 Interpretation

 In this determination:

 Act means the Social Security Act 1991;

 ATO means the Australian Taxation Office.

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.

Special zone B tax offset

(2) If:

(a) a person was resident on King Island or the Furneaux Group of Islands at anytime during the period 1 July 1990 to 30 June 1997; and

(b) that person:

(i) has made a claim for a special zone B tax offset from the ATO for the period, or part of the period, referred to in paragraph (a); and

(ii) the ATO has reassessed that person’s special zone B tax offset for that period, or part of that period; and

(iii) the ATO reassessment results in that person receiving an increased tax offset;

 then, subject to clause 2.2:

(c) the increased tax offset payment mentioned in subparagraph 2.1(2)(b)(iii) is an exempt lump sum.

2.2 Application—Exempt Lump Sums

 It is appropriate to determine that an amount, or class of amounts paid, to a person as mentioned in subparagraph 2.1(2)(b)(iii) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the payment is made.