Federal Register of Legislation - Australian Government

Primary content

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 a payment made by the Queensland Government under the Indigenous Wages and Savings Reparation Process, 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Repealed by Spent and Redundant Instruments Repeal Regulation 2014 (No. 2)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
(
Queensland Indigenous Reparation 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 (Queensland Indigenous Reparation Payment) Determination 2005.

2                      Commencement

                        This determination applies from 7 March 2003.

3                      Interpretation

                        In this determination:

                        Act means the Social Security Act 1991;

                        Queensland Government Indigenous Wages and Savings Reparations Process means a process by the Queensland Government to offer monetary compensation to certain individual Aboriginal and Torres Strait Islander (and any other) persons whose wages and salaries were controlled under a Queensland Government legislative regime known as ‘the Protection Acts’ during the period 1897 to 1986;

reparation payment means a payment made by the State Government of Queensland in respect of the Indigenous Wages and Savings Reparations Process.

                        social security payment has the same meaning as in the Social Security Act 1991.

4                      Revocation

                        This determination revokes the Social Security Exempt Lump Sum Determination Number 2 of 2003 of 7 March 2003 made under paragraph 8(11)(d) of the Social Security Act 1991.


Part 2        Exempt Lump Sums

5                      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 person accepts a reparation payment then, subject to section 6, the payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.

6                      Application—Exempt Lump Sums

                        It is appropriate to determine that an amount, or class of amounts paid, to a person under the Queensland Government Indigenous Wages and Savings Reparations Process is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the payment is made.