Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023

Administered by Department of Social Services

Legislation au F2023L00105 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Issued by the authority of the Secretary of the Department of Social Services

 

Social Security Act 1991

 

Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023

Purpose

Paragraph 8(11)(d) of the Social Security Act 1991 (Act) allows the Secretary of the Department of Social Services, or their delegate, to determine by legislative instrument that an amount, or class of amounts, received by a person is an exempt lump sum under social security law, and do not count under the income test.

The Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023 (Determination) provides that a payment of a NSW taxi transitional assistance payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act.

Background

Income earned, derived or received for a person’s own use or benefit is generally assessable as income under social security law. An amount, or class of amounts, received by a person may be specifically exempt under paragraph 8(11)(d) of the Act. This paragraph allows the Secretary or their delegate to determine that an amount or class of amounts is an exempt lump sum.

An exempt lump sum is excluded from the definition of ‘ordinary income’ under subsection 8(1) of the Act, meaning the exempt lump sum amount is not taken into account as part of the social security income test.

The exemption of a lump sum payment from the income test does not alter the fact that any ongoing income generated, or any assessable asset produced, by the lump sum is counted under the social security income or assets tests.

NSW Government further financial assistance scheme for taxi licence owners

On 16 December 2022, the NSW Government published the Point to Point Transport (Taxis and Hire Vehicles) Amendment Regulation 2022. The amendment regulation amends the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) (the Regulations), and establishes the detail of a financial assistance scheme for eligible taxi licence owners to adapt to the deregulation of taxi licence supply.

Under the financial assistance scheme, persons eligible for payments are owners:

(a)  of a NSW ordinary taxi licence as defined in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) except for owners of short-term, nexus, paired (wheelchair accessible taxi), or annual licences; and

(b)  who have owned an eligible licence on 21 September 2022 and continue to own that licence at the start of the transition period, being 1 February 2023.

Eligible licence owners will be able to submit applications for further transitional assistance through the Transport for NSW website, and receive payments in connection with the cancellation of their ordinary taxi licences.  Payments will be between $40,000 and $195,000 for each licence, depending on the operating area for the licence.

The Determination provides that amounts paid in relation to this financial assistance scheme are exempt lump sums for the purposes of paragraph 8(11)(d) of the Act

The eligibility requirements and detail on the payments can be found in the amendment regulation on the Legislation NSW website – https://legislation.nsw.gov.au/view/pdf/asmade/sl-2022-807.

Commencement

The Determination commences on the day after it is registered.

Consultation

The Department of Social Services consulted the following agencies on the intention to make this legislative instrument:

  • The Government of New South Wales, Transport for New South Wales;
     
  • The Department of Agriculture, Fisheries and Forestry; and
     
  • The Department of Veterans’ Affairs.

The Government of New South Wales, Transport for New South Wales were also consulted on the text of the instrument.

Regulation Impact Statement (RIS)

The Office of Impact Analysis (OIA) has advised that the Determination does not require a Regulation Impact Statement (OIA Reference: OBPR23-04165) as it considers the proposal is unlikely to have a more than minor regulatory impact.

Availability of independent review

The Determination specifies that lump sum payments made under the Guidelines are exempt from the social security income test.

A decision on the assessment of an individual’s income as part of the social security income test, which may involve a payment covered by this Determination, is subject to internal and external review under the Act and Parts 4 and 4A of the Social Security (Administration) Act 1999.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to disallowance.

Explanation of the provisions

Section 1 states that the name of the Determination is the Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023.

 

Section 2 sets out that the Determination commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 provides that the authority for making the Determination is paragraph 8(11)(d) of the Act.

 

Section 4 lists definitions of terms used in the Determination.

 

NSW taxi transitional assistance payment means a lump sum payment made to a person in accordance with the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) for further transitional assistance funds.

 

further transitional assistance funds has the same meaning as in Schedule 3 to the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW), which is money for the purposes of payments, in connection with the cancellation of ordinary taxi licences, to persons who meet the criteria for eligibility established under Schedule 3 to the Act.

 

Section 5 states that for the purposes of paragraph 8(11)(d) of the Act, the gross amount of a NSW taxi transitional assistance payment made under the Regulations is an exempt lump sum.

 

Section 6 means that the determination will apply to the calculation of the rate of social security payment payable for days on or after 1 February 2023. Together with section 5, this provision has some beneficial prospective operation. As the retrospectivity is only beneficial, it is consistent with subsection 12(2) of the Legislation Act 2003.


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023

 

The Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The effect of the Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023 (Determination) is that a person who receives a payment under the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) (Regulations) for further transitional assistance will not have that payment assessed as income under the social security law.

Human rights implications

The Determination engages the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights. The right to social security requires that a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system. The social security scheme must provide a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuff, and the most basic forms of education.

The Determination will operate beneficially as payments under the Regulations will not be taken into account when assessing a person’s eligibility for or rate of social security entitlements under the social security income test. If payments under the Regulations are not exempted, a person in receipt of that payment may not be eligible for a social security payment or, if they are eligible, their rate of payment might be reduced. The Determination is therefore consistent with the promotion of the right to social security.

The exemption of payments under the Regulations from the income test on receipt does not alter the fact that any ongoing income generated by the lump sum is not exempt from the income test, and any assessable asset produced from the lump sum is counted under the social security assets test. This is consistent with the treatment of other lump sum payments under paragraph 8(11)(d) of the Social Security Act 1991.

Conclusion

The Determination is compatible with human rights as it supports a person’s right to social security.

 

 

Gillian Beer, Branch Manager, Payment Structures and Seniors Branch, Department of Social Services

Overview

The Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023 was enacted to address the need for exempting certain lump sum payments from the income test under the Social Security Act 1991. This legislative instrument, issued by the Secretary of the Department of Social Services, aims to ensure that the financial assistance provided to eligible taxi licence owners under the NSW Government's scheme is not detrimental to their social security entitlements. The determination identifies NSW taxi transitional assistance payments as exempt lump sums, thereby excluding them from the definition of ‘ordinary income’ for the purposes of social security assessments. This exemption ensures that the transitional assistance payments do not affect the eligibility or rate of social security payments for recipients. The determination aligns with the policy objective of supporting individuals in adapting to regulatory changes in the taxi industry, while also ensuring they retain access to social security benefits. By classifying these payments as exempt lump sums, the legislation prevents the potential reduction or loss of social security payments due to the receipt of transitional assistance. The decision to exempt these payments is in line with the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights, as it supports the provision of a minimum essential level of benefits to eligible individuals.

Scope and Application

The Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023 applies to payments made to eligible taxi licence owners under the NSW Government's financial assistance scheme, which was established in response to the deregulation of taxi licence supply. Specifically, it applies to owners of ordinary taxi licences who have owned such a licence on 21 September 2022 and continue to own it at the start of the transition period, being 1 February 2023. The Determination exempts payments made under this scheme from the income test used to assess eligibility and rates for social security payments, ensuring that these lump sum payments do not reduce or disqualify recipients from social security benefits. The determination is made under the authority of the Social Security Act 1991, and it applies on a national level across Australia. The exemption does not apply to any ongoing income or assets generated by these lump sum payments, which remain subject to the social security assets test. The Determination came into effect on the day after it was registered.

Key Provisions

The main operative sections of the Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023 (Determination) state that a payment of a NSW taxi transitional assistance payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Social Security Act 1991 (Act). Section 5 of the Determination specifies that the gross amount of a NSW taxi transitional assistance payment made under the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) (Regulations) is an exempt lump sum. This means that such payments will not be assessed as income under social security law. Section 6 of the Determination applies this exemption to the calculation of the rate of social security payment payable for days on or after 1 February 2023. The Act imposes several obligations and requirements on the parties it governs. Firstly, the Secretary of the Department of Social Services, or their delegate, must determine that certain payments are exempt lump sums under paragraph 8(11)(d) of the Act. This is done through a legislative instrument such as the Determination. Secondly, eligible taxi licence owners must meet the criteria for eligibility as set out in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) and the Regulations. They must have owned an eligible licence on 21 September 2022 and continue to own that licence at the start of the transition period, being 1 February 2023. Lastly, the NSW Government must establish the detail of the financial assistance scheme and ensure that eligible licence owners can submit applications for further transitional assistance through the Transport for NSW website. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breach of its provisions. However, the Determination does specify that lump sum payments made under the Regulations are exempt from the social security income test. A decision on the assessment of an individual’s income as part of the social security income test, which may involve a payment covered by this Determination, is subject to internal and external review under the Act and Parts 4 and 4A of the Social Security (Administration) Act 1999. The Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to disallowance. The exemption of a lump sum payment from the income test does not alter the fact that any ongoing income generated, or any assessable asset produced, by the lump sum is counted under the social security income or assets tests.

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Social Security Law
Instrument
Determination
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Definitions & Interpretation
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.