Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This Determination provides that an ex-gratia payment made by the State of Western Australia under the scheme known as Redress WA will be an exempt lump sum.
Administered by: Social Services
Registered 24 Apr 2008
Tabling HistoryDate
Tabled HR13-May-2008
Tabled Senate13-May-2008
Date of repeal 01 Oct 2018
Repealed by Sunsetting

 

Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008

Social Security Act 1991

I, Alanna Foster, Branch Manager, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs make this determination under paragraph 8(11)(d) of the Social Security Act 1991.[1]

 

Dated  TWENTY FIRST OF APRIL  2008

 

 

A R Foster

Alanna Foster

Branch Manager, Seniors and Means Test Branch


 

Part 1        Preliminary

1                      Name of determination

                        This determination is the Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008.

2                      Commencement

                        This determination commences on 1 May 2008.

3                      Interpretation

                        In this determination:

                        Act means the Social Security Act 1991;

Ex-gratia payment means:

a one-off lump sum payment up to a maximum amount of $80,000.00 made by the State of Western Australia under the scheme known as Redress WA.

Note:  All eligibility criteria for receipt of this payment are determined by the State of Western Australia.


 

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 person receives an ex-gratia payment, any amount of that payment received by the person is an exempt lump sum.

5                      Application—Exempt Lump Sums

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

 



[1] This determination has effect in relation to the provisions of the Social Security Act 1991 in so far as they relate to matters for which the Minister for Families, Housing, Community Services and Indigenous Affairs has responsibility under the Administrative Arrangements Order.