{"id":"F2020L01588","name":"Social Security (Exempt Lump Sum – Australian Thalidomide Survivors Support Program) Determination 2020","slug":"social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130798,"registerId":"commonwealth-F2020L01588-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Exempt Lump Sum – Australian Thalidomide Survivors Support Program) Determination 2020.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\nAustralian Thalidomide Survivors Support Program means the program established in the 2020-21 Budget under which a payment is made by the DOH or Services Australia on behalf of the DOH to recognised Australian thalidomide survivors.\n\nDOH means the Department of Health.\n\nrelevant amount means, in relation to a person, any lump sum amount received by the person under the Australian Thalidomide Survivors Support Program.\n\n> Note: The following expression used in this instrument is defined in subsection 8(11) of the Social Security Act 1991.\n\n (a) exempt lump sum","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exempt Lump Sum","content":"#### 5 Exempt Lump Sum\n\n For the purposes of paragraph 8(11)(d) of the Act, all relevant amounts constitute a class of amounts that are exempt lump sums.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It does exactly what the title suggests: exempts thalidomide support payments from social security means testing. There is no scope creep — no additional classes of beneficiaries, no expansion to other programs, no broadening of the exemption mechanism."},"complexity_factors":["Only 5 sections total, with minimal substantive content","Just 4 defined terms in section 4 (Act, Australian Thalidomide Survivors Support Program, DOH, relevant amount)","Single operative provision (section 5) containing one straightforward declaration","No cross-references beyond the empowering provision (paragraph 8(11)(d) of the Social Security Act 1991)","No conditional logic, exceptions, or nested provisions","Standard commencement table and machinery provisions (name, authority, definitions) typical of legislative instruments"],"plain_english_summary":"This Determination declares lump-sum payments made under the Australian Thalidomide Survivors Support Program to be \"exempt lump sums\" for social security purposes. That means recognised thalidomide survivors can receive the government compensation without those amounts being counted as income or assets by Centrelink, so their existing pensions or allowances won’t be reduced.\n\nIt affects recognised survivors, Services Australia (Centrelink) and the Department of Health."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument applies only to lump sums paid under the Australian Thalidomide Survivors Support Program as defined in the instrument and makes them exempt lump sums under the Social Security Act (ss 4–5). It does not widen or narrow the program's payments; it only changes their treatment for social security means‑testing."},"complexity_factors":["Single, narrow legal effect: declares a specific class of payments exempt under paragraph 8(11)(d) of the Social Security Act 1991 (s 5).","Defined terms anchor scope: key concepts come from the instrument's definitions (Act; Australian Thalidomide Survivors Support Program; DOH; relevant amount) (s 4).","Administrative detail: payments are made by DOH or Services Australia on behalf of DOH, which specifies who administers the payments and who records them (s 4).","Commencement timing: entire instrument commences the day after registration, requiring administrative implementation from that date (s 2).","Low compliance burden: regulation changes statutory treatment of the payments rather than creating new claimant obligations — effect is automatic once payments are made (s 5).","Interpretive dependence on Social Security Act definitions and practice: interaction with existing means-testing rules in the Act may require administrative alignment (authority under s 3 referencing the Act)."],"plain_english_summary":"**What it does:** This instrument declares lump-sum payments made under the Australian Thalidomide Survivors Support Program to be 'exempt lump sums' for the Social Security Act 1991, so those payments are disregarded for social security means-testing. \n\n**Who it affects and why it matters:** It affects recognised Australian thalidomide survivors who receive these payments, which are paid by the Department of Health or Services Australia on behalf of the Department of Health (Definitions). The change prevents those lump sums from reducing social security entitlements."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020","history":"/api/acts/social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020/history","analysis":"/api/acts/social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-australian-thalidomide-survivors-support-program-determination-2020/documents"}}