Social Security Exempt Lump Sum (Tasmanian Government Stolen Generations of Aboriginal Children) (DEEWR) Determination 2008

Social Security Act 1991

I, Medha Kelshiker, Acting Assistant Secretary, Income Support Programme Branch and a delegate of the Secretary of the Department of Education, Employment and Workplace Relations make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

 

Dated 5 May 2008

 

 

 

 

Medha Kelshiker

Acting Assistant Secretary, Income Support Programme Branch

Department of Education, Employment and Workplace Relations

 

1 Name of determination

 This determination is the Social Security Exempt Lump Sum (Tasmanian Government Stolen Generations of Aboriginal Children) (DEEWR) Determination 2008.

2 Commencement

 This determination commences on the day after it is registered.

3 Interpretation

 In this determination:

 Act means the Social Security Act 1991;

ex gratia payment has the same meaning as in the Stolen Generations of Aboriginal Children Act 2006 (Tas).

Note: depending on the applicant, an ex gratia payment may be either or both a one-off payment of up to $5,000.00 ($20,000.00 for a ‘family group of children’ which is equally distributed amongst the family group of children) and an equal share of the amount remaining in the Stolen Generation Fund after deducting all the $5,000.00 one off payments from the Fund. Eligibility criteria are outlined in the Stolen Generations of Aboriginal Children Act 2006 (Tas) and an applicant’s eligibility is determined by a ‘stolen generation assessor’.


Part 2 Exempt Lump Sums

(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.

 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.