{"id":"F2022L01202","name":"Social Security (Exempt Lump Sum – BT Funds Management Limited Remediation Payments) Determination 2022","slug":"social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441523,"registerId":"F2022L01202-fast-fetch-1775956797912","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum – BT Funds Management Limited Remediation Payments) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Exempt Lump Sum – BT Funds Management Limited Remediation Payments) Determination 2022\n\nI, Andrea Wallace-Green, Acting Branch Manager of the Payment Structures and Seniors Branch in the Department of Social Services, make the following Determination.\n\nDated 12 September 2022   \n\nAndrea Wallace-Green\n\nActing Branch Manager of the Payment Structures and Seniors Branch\n\nDelegate of the Secretary of the Department of Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Exempt Lump Sums\n\n \n\n1  Name\n\n  This instrument is the Social Security (Exempt Lump Sum – BT Funds Management Limited Remediation Payments) Determination 2022.\n\n2  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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 December 2021 1 December 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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.\n\n3  Authority\n\n  This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 23 of the Act, including the following:\n\n(a)      exempt lump sum;\n\n(b)      Secretary;\n\n(c) social security law;\n\n(d) social security payment. \n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\nBT Funds Management Limited means BT Funds Management Limited (Australian Company Number 002 916 458) as the trustee of Retirement Wrap (Australian Business Number 39 827 542 991, Unique Superannuation Identifier BTA0287AU).\n\nBT Funds Management Limited Remediation Payment means a lump sum payment made by BT Funds Management Limited to, or on behalf of, a person whose social security payments were affected by BT Funds Management Limited incorrectly reporting gross annual income amounts to the Secretary, or his or her delegate, for the purposes of the social security law.\n\nRelevant period means 1 December 2021 to 30 June 2023.\n\n5  Exempt Lump Sums\n\n  For the purposes of paragraph 8(11)(d) of the Act, the amount of a BT Funds Management Limited Remediation Payment, made in the relevant period, is an exempt lump sum.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument expands the category of \"exempt lump sums\" under the Social Security Act to include specified remediation payments by BT Funds Management Limited made in the defined Relevant period (see section 5 and the \"BT Funds Management Limited Remediation Payment\" and \"Relevant period\" definitions in section 4). It takes effect from 1 December 2021 (section 2), so it applies to payments made from that retrospective start date through 30 June 2023."},"complexity_factors":["Narrow, single substantive operation: a categorical exemption applying only to BT remediation payments (section 5).","Reliance on and cross-reference to the Social Security Act definitions and authority (paragraph 8(11)(d) authority noted in section 3; defined expressions referenced to s.23 of the Act in section 4).","Defined temporal scope (Relevant period: 1 December 2021 to 30 June 2023) that limits application (definition in section 4; commencement in section 2).","Specific payer and vehicle identified (BT Funds Management Limited as trustee of Retirement Wrap) in section 4, narrowing eligibility facts the administration must verify.","Retrospective commencement element (instrument commences 1 December 2021; section 2), which affects which past payments are captured.","Administrative implementation is straightforward but requires verification of payment source, timing and purpose by the Department (implicit from the defined terms and section 5)."],"plain_english_summary":"This Determination declares that lump-sum remediation payments made by BT Funds Management Limited between 1 December 2021 and 30 June 2023 are to be treated as \"exempt lump sums\" under the Social Security Act. Mechanically, it requires the Department to treat those specific payments as exempt for social security law purposes; the instrument was made by a Department delegate under paragraph 8(11)(d) of the Act."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: exempting specific remediation payments from BT Funds Management Limited from social security means testing. There is no evidence of scope creep; it addresses a discrete administrative error by a single entity within a defined timeframe."},"complexity_factors":["Very short instrument (5 sections, approximately 1 page)","Only 4 defined terms in the instrument itself (Act, BT Funds Management Limited, BT Funds Management Limited Remediation Payment, Relevant period)","Single operative provision (section 5) with straightforward declaration","No nested exceptions or conditional logic — the exemption applies broadly to all qualifying payments in the specified period","Cross-references limited to one provision of the parent Act (paragraph 8(11)(d) of the Social Security Act 1991) and standard definitions in section 23 of that Act","No substantive amendments, schedules, or transitional provisions"],"plain_english_summary":"This Determination treats compensation payments made by BT Funds Management Limited (for incorrect income reporting to Centrelink) as \"exempt lump sums\" for social security purposes. It applies to remediation payments made between 1 December 2021 and 30 June 2023, so recipients keep the compensation without it reducing their Centrelink benefits — preventing a double penalty from the original error."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022","history":"/api/acts/social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022/history","analysis":"/api/acts/social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-bt-funds-management-limited-remediation-payments-determination-2022/documents"}}