Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEWR) Determination 2007

Administered by Department of Social Services

Legislation au F2007L00482 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEWR) Determination 2007

 

Summary

 

Paragraph 8(11)(d) of the Social Security Act 1991 (the Act) allows the Secretaries of the Department of Employment and Workplace Relations (DEWR), the Department of Families, Community Services and Indigenous Affairs and the Department of Education, Science and Training to determine that an amount, or class of amounts, is an exempt lump sum for the purpose of the Act.  This instrument determines that, for the purpose of social security payments for which the Minister for Employment and Workplace Relations is responsible, a Restructuring Grant (a one-off payment of up to $150,000 per recipient) made by the Department of Agriculture, Fisheries and Forestry to persons under the Tobacco Grower Adjustment Assistance Package 2006 is an exempt lump sum under paragraph 8(11)(d) of the Act.

 

The effect of this instrument is that a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 will not be regarded as income under the Act.  Consequently, if a recipient of a DEWR administered social security payment receives a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006, it will be exempt from the income test under the social security law.

 

Background

 

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 Act allows the responsible Secretary to determine that an amount, or class of amounts, 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.

 

This instrument determines that a Restructuring Grant made under the Tobacco Grower Adjustment Assistance Package 2006 is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act.

 

The effect of this instrument is that for recipients of a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006, the grant will not be assessed as income under the social security law.  Accordingly, recipients of this payment will not be subject to a reduction in the amount of their DEWR administered social security payment as a result of receiving a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006.

 


Explanation of Provisions

 

Part 1

 

Section 1 of the determination states the name of the determination.

 

Section 2 states that the determination commences on 23 February 2007.  The 23 February 2007 is the first date that a person may lodge a claim under the Tobacco Grower Adjustment Assistance Package 2006.

 

Section 3 contains interpretation provisions.  In particular, the term Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 is defined as a payment (up to $150,000) made to a person by the Australian Government Department of Agriculture, Fisheries and Forestry under the Tobacco Grower Adjustment Assistance Package 2006 in order to assist that person to readjust into economic activities other than tobacco growing.

 

Part 2

 

Subsection 4(1) states that paragraph 8(11)(d) of the Act allows the Secretary to determine that an amount, or class of amounts, received by a person is an exempt lump sum.

 

Subsection 4(2) provides that if a person receives a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 from the Commonwealth Department of Agriculture, Fisheries and Forestry and they are also in receipt of a social security payment, then the Restructuring Grant made under the Tobacco Grower Adjustment Assistance Package 2006 received by the person is an exempt lump sum.

 

Section 5 specifies that a Restructuring Grant  under the Tobacco Grower Adjustment Assistance Package 2006 received by a person referred to in subsection 4(2) will be regarded as an exempt lump sum from the date that the amount was received by the person provided that date is on or after the commencement of this determination.

 

Consultation

 

The Department of Families, Community Services and Indigenous Affairs and the Department of Education, Science and Training were consulted during the preparation of this determination.  This was done to ensure a co-ordinated and consistent approach to the income test treatment of this one-off payment for all social security payments under the Act.

 

This instrument is beneficial to recipients because it exempts from the income test a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 made by the Department of Agriculture, Fisheries and Forestry.  Public consultation was therefore seen as unnecessary.

 

 

 

Business Cost Calculator

 

This exemption does not require a Regulatory Impact Statement (RIS) and/or a Business Cost Calculator.  This exemption is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.  It is not expected that any compliance costs will be incurred by business (against the nine categories listed) as a result of this exemption.

Overview

The Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEWR) Determination 2007 was enacted to address a specific gap in the Social Security Act 1991 regarding the treatment of certain lump sum payments. This determination, issued under the authority of the Department of Employment and Workplace Relations (DEWR) and other relevant departments, clarifies that Restructuring Grants provided under the Tobacco Grower Adjustment Assistance Package 2006 are to be treated as exempt lump sums for the purposes of social security income tests. This means that recipients of these grants will not have their social security payments reduced as a result of receiving the grant. The instrument ensures that these one-off payments, up to $150,000 per recipient, do not affect the income test, thereby providing financial relief to tobacco growers transitioning out of the industry. The policy objective is to support affected individuals without impacting their social security entitlements.

Scope and Application

The Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEWR) Determination 2007 applies to individuals receiving a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 who are also recipients of a social security payment administered by the Minister for Employment and Workplace Relations. This legislation was enacted to ensure that such grants are not regarded as income for the purposes of social security payments, thereby exempting them from the income test under the Social Security Act 1991. The Restructuring Grant, which can be up to $150,000 per recipient, is provided by the Department of Agriculture, Fisheries and Forestry to assist tobacco growers in transitioning to other economic activities. The application of this determination is limited to grants received on or after the commencement date of 23 February 2007, aligning with the initiation of the Tobacco Grower Adjustment Assistance Package 2006. No specific exclusions or thresholds are mentioned beyond the grant amount and eligibility criteria. The determination extends the application of the Social Security Act by classifying these grants as exempt lump sums, ensuring they do not affect the recipients' social security income assessments.

Key Provisions

The main operative sections of the Social Security Exempt Lump Sum (Restructuring Grants under the Tobacco Grower Adjustment Assistance Package 2006) (DEWR) Determination 2007 (subsection 4(2)) specify that a Restructuring Grant under the Tobacco Grower Adjustment Assistance Package 2006 is considered an exempt lump sum for the purposes of social security income testing. This means that if a person receives such a grant and is also receiving a social security payment, the grant will not be counted as income under the Social Security Act 1991 (the Act). This exemption allows recipients to retain their social security payments without any reduction due to the receipt of the grant. The obligations and requirements imposed by the Act on the parties involved are primarily about ensuring that the Restructuring Grants are correctly identified and treated as exempt lump sums. The Department of Agriculture, Fisheries and Forestry is responsible for making the grants, while the Department of Employment and Workplace Relations (DEWR) and the Department of Families, Community Services and Indigenous Affairs are responsible for administering the social security payments. These departments must work together to ensure that the grants are not counted as income for the purposes of social security assessments. The Act also requires that the grant is received on or after the commencement date of the determination, which is 23 February 2007. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of the provisions within this determination. The nature of the instrument is to provide clarity and ensure a consistent approach to the treatment of the Restructuring Grants under the Act, rather than to impose punitive measures. The focus is on administrative compliance to ensure that the grant recipients' social security payments are not adversely affected by the receipt of the grant. The exemption is designed to be straightforward and does not incur any significant compliance costs or business impacts.

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Area of Law
Social Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Commencement Provisions

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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.