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 South Australian Government to certain commercial fishery licence holders to exit the River Murray fishing industry, 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 17 Oct 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014 (No. 2)

Commonwealth of Australia

Social Security Act 1991

Employment and Workplace Relations Exempt Lump Sum
(South Australian Fishery 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 (South Australian Fishery Payment) Determination 2005.

2                      Commencement

                        This determination commences on 13 January 2005 but can have effect in relation to amounts received, or assistance provided, before the commencement of this determination.

3                      Interpretation

                        In this determination:

                        Act means the Social Security Act 1991;

ex gratia payment means a payment made by the State Government of South Australia in respect of the River Murray fishery licence holders restructure adjustment package. It includes ex gratia payments for the complete relinquishment of existing commercial fishing licences. It does not include payments to persons electing to remain holders of a limited commercial River Murray fishery non-native licence;

River Murray fishery licence holders restructure adjustment package means a process by the State Government of South Australia to offer monetary compensation to certain River Murray commercial fishery licence holders to exit the River Murray fishery;  

                        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 an eligible person:

(a)       has received an ex gratia payment; and

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

                        then any amount received by the person as an ex gratia payment is an exempt lump sum. 

5                      Application—Exempt Lump Sums

An amount, or class of amounts 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.