Federal Register of Legislation - Australian Government

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Determinations/Other as made
Paragraph 8(11)(d) of the Social Security Act 1991 (the Act) allows Secretaries to determine that an amount, or class of amounts, is an exempt lump sum for the purposes of the Act. This instrument determines that an ex gratia payment made by the Tasmanian Government to a person abused as a child while in Tasmanian State care, is an exempt lump sum under paragraph 8(11)(d). The effect of this instrument is that such an ex gratia payment will not be regarded as income under the Act, so that if a social security customer receives such a payment, it will be exempt from the social security income test
Administered by: Social Services
Registered 18 Jul 2005
Tabling HistoryDate
Tabled HR09-Aug-2005
Tabled Senate09-Aug-2005
Date of repeal 01 Oct 2015
Repealed by Sunsetting

Commonwealth of Australia

Social Security Act 1991

Employment and Workplace Relations Exempt Lump Sum
(Tasmanian Child Abuse Payment) Determination 2005

I, Shirley Douglas, Assistant Secretary, Payments, Legislation and Costings Branch and a delegate of the Secretary of the Department of Employment and Workplace Relations, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 20 June 2005.

           Shirley Douglas

 

           Assistant Secretary, Payments, Legislation and Costings Branch

 


Part 1        Preliminary

1                      Name of determination

                        This determination is the Employment and Workplace Relations Exempt Lump Sum (Tasmanian Child Abuse Payment) Determination 2005.

2                      Commencement

                        This determination commences on 15 December 2004.

3                      Interpretation

                        In this determination:

                        Act means the Social Security Act 1991;

                        compensation payment means an ex gratia payment made by the State Government of Tasmania in respect of child abuse suffered by a person while in Tasmanian State care;

Tasmanian State care means care, provided by an institution responsible for the provision of child welfare services, which is, or has been:

(a)         administered by the Tasmanian State Government; or

(b)         funded by the Tasmanian State Government;

                        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)               a person has received a compensation payment; and

(b)       the person is in receipt of a social security payment;

                        then any amount received by the person, as a compensation payment, is an exempt lump sum.

5                      Application—Exempt Lump Sums

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