Social Security Exempt Lump Sum (Exceptional Circumstances Exit Grant) (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].

Dated 6 March 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 (Exceptional Circumstances Exit Grant) (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.

 Exit Payment means a one off Exceptional Circumstances Exit Grant Payment of up to $150,000.00 made to a person by the Commonwealth Government Department of Agriculture, Fisheries and Forestry under the Exceptional Circumstances Exit Package 2007.

 social security payment has the same meaning as in the Social Security Act 1991.

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 Exit Payment, any amount of that grant received by the person is an exempt lump sum.

5 Application—Exempt Lump Sums

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

[1]"This Determination has effect in relation to 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".