Social Security (Exempt Lump Sum) (River Red Gum Structural Adjustment Package Payment) (FaHCSIA) Determination 2010

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 NINTH DAY OF JULY 2010

A R Foster

Branch Manager, Seniors and Means Test Branch

Part 1 Preliminary

1 Name of Determination

 This Determination is the Social Security (Exempt Lump Sum) (River Red Gum Structural Adjustment Package Payment) (FaHCSIA) Determination 2010.

2 Commencement

 This Determination commences the day after it is registered.

3 Interpretation

 In this Determination:

 Act means the Social Security Act 1991.

River Red Gum Structural Adjustment Package Payment means any of the following one-off ex gratia payments:

(a)  Special Redundancy Payment of up to $81,360;

(b)  Training Allowance of up to $10,000;

(c)   Relocation Allowance of up to $20,000.

paid by the New South Wales Department of Industry and Investment.

Note: All eligibility criteria to receive a River Red Gum Structural Adjustment Package Payment, and definitions of the terms ‘Special Redundancy Payment’, ‘Training Allowance’ and ‘Relocation Allowance’ are set out in the River Red Gum Structural Adjustment Package Worker Assistance Guidelines as published by the Department of Industry and Investment, NSW Government.

 social security payment has the same meaning as in the Act.

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 a River Red Gum Structural Adjustment Package 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 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.