Social Security (Exempt Lump Sum – Queensland Taxi Transitional Assistance Payment) Determination 2017

Administered by Department of Social Services

Legislation au F2017L00148 In force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Exempt Lump Sum – Queensland Taxi Transitional Assistance Payment) Determination 2017

Summary

Under the social security law all income earned, derived or received for a person’s own use or benefit, is counted as income.  The only exceptions are items specifically exempted under the social security law.  Paragraph 8(11)(d) of the Social Security Act 1991 (the Act) allows the Secretary of the Department of Social Services (DSS) to determine that an amount or class of amounts received by a person is an exempt lump sum for the purposes of the Act.  An exempt lump sum is not included in the definition of ‘ordinary income’ under subsection 8(1) of the Act, so any such amount would not be taken into account under the social security income test.

On 15 December 2016, the Queensland Government made the Taxi and Limousine Industry Assistance Scheme Regulation 2016 (the Regulation).  The Regulation provides for a one-off lump sum payment made as part of the Queensland Government's Industry Adjustment Assistance Package (IAAP) to assist taxi and limousine service licence owners to transition to a more competitive market as a result of the Queensland’s Personalised Transport Horizon – Five Year Strategic Plan for Personalised Transport Services 2016-2021.

This Determination provides that a Queensland Taxi Transitional Assistance Payment is an exempt lump sum for the purpose of paragraph 8(11)(d) of the Act.

The effect of this Determination is that such a payment will not be regarded as income under the Act, so that if a social security recipient receives such a payment, it will be exempt from the social security income test.

 

Explanation of Provisions

Section 1 of the Determination states the name of the Determination.

Section 2 provides that the Determination commences on 20 December 2016.  This Determination has retrospective effect, but it is beneficial in nature so does not adversely impact on any individual.

Section 3 provides that the authority for making this Determination is paragraph 8(11)(d) of the Social Security Act 1991.

Section 4 contains definitions of certain terms used in the Determination.

Section 5 specifies that a Queensland Taxi Transitional Assistance Payment made to a person is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Social Security Act 1991. Such an amount will be regarded as an exempt lump sum from the date the payment is received by the person.

Consultation

This determination was made at the request of the Queensland Government Department of Transport and Main Roads.  The Department of Veterans’ Affairs and the Department of Agriculture and Water Resources have been consulted.  

This Determination will be beneficial to persons affected as it exempts a Queensland Taxi Transitional Assistance Payment from the social security income test. As a result, public consultation was considered unnecessary.              

Regulatory Impact Analysis

The Determination does not require a Regulatory Impact Statement. The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.


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 – Queensland Taxi Transitional Assistance Payment) Determination 2017

The effect of the Determination is that a person who receives a Queensland Taxi Transitional Assistance Payment will not have that payment assessed as income under the social security law.

Human rights implications

This Determination is made under paragraph 8(11)(d) of the Social Security Act 1991 (the Act) and determines that the Queensland Taxi Transitional Assistance Payment will not be assessed under the social security income test for the purposes of the Act.

 

The Determination ensures that people will not have these payments assessed as income for social security purposes.

 

The Determination engages the right to social security.

 

The right to social security

 

The Determination will operate beneficially as a Queensland Taxi Transitional Assistance Payment 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 the payment was not exempted, a person in receipt of a grant 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 the Queensland Taxi Transitional Assistance Payment from the income test on receipt does not alter the fact that any ongoing income generated by the lump sum is counted under 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 exempted under paragraph 8(11)(d) of the Act.

 

Conclusion

 

This Determination supports a person’s human right to social security.

 

 

Anita Davis, Acting Branch Manager, International and Means Test Policy Branch, as a delegate of the Secretary of the Department of Social Services.

Overview

The Social Security (Exempt Lump Sum – Queensland Taxi Transitional Assistance Payment) Determination 2017 was enacted to address the issue of how lump sum payments provided to taxi and limousine service licence owners in Queensland would be treated under the social security income test. This Determination was made under the authority of the Social Security Act 1991 by the Secretary of the Department of Social Services. The policy objective is to ensure that these transitional assistance payments do not negatively impact the social security entitlements of recipients. By declaring these payments as exempt lump sums, the Determination aims to safeguard the social security benefits of those who receive such payments, ensuring they are not unfairly penalised for receiving assistance intended to help them transition to a more competitive market.

Scope and Application

The Social Security (Exempt Lump Sum – Queensland Taxi Transitional Assistance Payment) Determination 2017 applies to individuals who receive a Queensland Taxi Transitional Assistance Payment, as outlined under the Queensland Government's Industry Adjustment Assistance Package. This Determination was made under the authority provided by paragraph 8(11)(d) of the Social Security Act 1991, which allows the Secretary of the Department of Social Services to exempt certain lump sums from being considered as income for the purposes of social security assessments. The Determination ensures that such payments do not adversely affect a person’s eligibility or rate of social security payments, thereby supporting their right to social security. The Determination has a national jurisdictional reach, as it pertains to the operation of the federal social security law, while specifically addressing a state-level assistance scheme in Queensland. The Determination does not extend to any other lump sum payments outside the specified Queensland Taxi Transitional Assistance Payment and is confined to payments received from the date of the Determination's commencement on 20 December 2016. It is noteworthy that while the lump sum itself is exempt, any ongoing income or assets derived from the lump sum would still be subject to the social security tests.

Key Provisions

The main operative sections of the Social Security (Exempt Lump Sum – Queensland Taxi Transitional Assistance Payment) Determination 2017 (sections 1 to 5) establish the name of the Determination, its commencement date, the authority under which it is made, and its definitions and primary provisions. Section 1 names the Determination, while section 2 specifies that it commences on 20 December 2016, with retrospective effect that is beneficial and does not adversely affect any individual. Section 3 identifies the authority for the Determination as paragraph 8(11)(d) of the Social Security Act 1991. Section 4 defines certain terms used in the Determination, and section 5 specifies that a Queensland Taxi Transitional Assistance Payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act, meaning it is not considered income for social security purposes. The Determination imposes certain obligations and requirements on the parties it governs. Primarily, it requires that the Queensland Taxi Transitional Assistance Payment be treated as an exempt lump sum for the purposes of the social security income test under the Social Security Act 1991. This means that such payments are not included in the calculation of a recipient's ordinary income and thus do not impact their eligibility or rate of social security entitlements. The Determination also ensures that any ongoing income or assessable assets derived from the lump sum are subject to the income and assets tests, respectively. Any breach of the provisions of the Determination may result in civil or criminal consequences. While the Determination itself does not explicitly state penalties for non-compliance, the underlying Social Security Act 1991 provides for penalties in the case of incorrect information provided or fraudulent claims. Under section 186 of the Act, a person who knowingly makes a false or misleading statement in an application for a benefit or in a document required by the Act can be subject to a civil penalty of up to $5,500. Additionally, under section 195, a person who knowingly makes a false statement in relation to an amount of income or assets can be subject to a criminal penalty of up to $22,000 or imprisonment for up to two years, or both. These penalties apply to the general provisions of the Act and would be applicable if the Determination's provisions are breached.

Legal classification tags

Area of Law
Social Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Exempt Lump Sum
Social Security Income Test

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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.