Overview

The Social Security Exempt Lump Sum Determination No. 5 of 2003 was enacted by Alex Dolan, Assistant Secretary of the Seniors and Means Test Branch and a delegate of the Secretary of the Department of Family and Community Services, under the authority of the Social Security Act 1991. This legislative instrument was introduced to provide relief to victims of the Bali bombings of 12 October 2002, by exempting certain lump sums from social security assessments. These lump sums include assistance related to home, vehicle, and workplace modifications, emergency assistance or out-of-pocket expenses, aid from the Australian Red Cross Bali Appeal Fund, and travel assistance. The determination ensures that such payments do not negatively impact the social security entitlements of those affected by the tragedy.

Scope and Application

The Social Security Exempt Lump Sum Determination No. 5 of 2003 applies to individuals who have received, or are to receive, various forms of assistance due to their involvement in the Bali bombings, including Commonwealth, State or Territory Government assistance with home, vehicle, and workplace modifications, as well as emergency assistance, out-of-pocket expenses, and travel assistance from the Commonwealth Government, or assistance from the Australian Red Cross Bali Appeal Fund. This determination ensures that these specified amounts are considered exempt lump sums for the purposes of the Social Security Act 1991. The determination applies to amounts received or assistance provided before its commencement, and it is applicable nationwide as a Commonwealth legislative instrument. The exemption applies subject to the provisions outlined in section 2.2 of the determination, which further defines the application and scope of these exemptions.

Key Provisions

The Social Security Exempt Lump Sum Determination No. 5 of 2003 specifies various categories of lump sums that are exempt from certain social security assessments, as outlined in section 2.1 of the determination. This includes amounts or classes of amounts related to home, vehicle, and workplace modifications (subsection 2.1(2)), emergency assistance or out-of-pocket expenses (subsection 2.1(3)), assistance from the Australian Red Cross Bali Appeal Fund (subsection 2.1(4)), and travel assistance (subsection 2.1(5)), all due to the person being affected by the Bali bombings. These exemptions apply from the date the assistance was received or the associated costs were incurred (subsection 2.2). This determination imposes specific obligations on affected individuals and entities involved in the provision of the listed assistances. Recipients of the specified assistances must ensure that they accurately report their receipt of these lump sums when applying for or managing their social security benefits. Providers of assistance, including the Commonwealth, State or Territory governments, the Australian Red Cross, and any other entities involved, must clearly identify and document the assistance provided to individuals affected by the Bali bombings, ensuring it falls under the categories defined in the determination. Failure to comply with the provisions of this determination may lead to civil or criminal consequences. Specifically, providing false information or knowingly omitting relevant details about the receipt of exempt lump sums can result in penalties. Although the specific penalties are not detailed in the determination, they would typically align with the penalties outlined in the Social Security Act 1991, which can include fines and, in severe cases, imprisonment. The precise penalties would depend on the nature and extent of the non-compliance, as well as any applicable legal precedents.