{"id":"F2025L01184","name":"Social Security (Exempt Lump Sum - Certain Commonwealth Discretionary Payments) Determination 2025","slug":"social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107077,"registerId":"commonwealth-F2025L01184-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 - Certain Commonwealth Discretionary Payments) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n 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 Note: This table relates only to the provisions of this instrument as originally made.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\n Act means the Social Security Act 1991.\n compensation payment means a payment under:\n\n the Compensation for Detriment Caused by Defective Administration scheme; or\n section 65 of the Public Governance, Performance and Accountability Act 2013.\n\n family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.\n social security law has the same meaning as in the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exempt lump sum","content":"#### 6 Exempt lump sum\n\nFor the purposes of paragraph 8(11)(d) of the Act, a compensation payment is an exempt lump sum if the payment is made:\n\n in lieu of an amount under the:\n\n social security law;\n\n family assistance law;\n\n Student Assistance Act 1973, ABSTUDY Scheme or Assistance for Isolated Children Scheme; or\n\n Paid Parental Leave Act 2010; or\n\n to reimburse expenses incurred by a person due to the administration of the:\n\n social security law;\n family assistance law;\n Student Assistance Act 1973, ABSTUDY Scheme or Assistance for Isolated Children Scheme; or\n Paid Parental Leave Act 2010.\n\nSchedule 1—Repeals\n\nSocial Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015\n\n1 The whole of the instrument\n\nRepeal the instrument","sortOrder":5}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of the 2015 determination. The scope remains tightly focused on exempting specific Commonwealth discretionary compensation payments from income testing. No expansion of purpose or coverage beyond the original intent."},"complexity_factors":["Very short instrument (6 substantive sections plus commencement/repeal provisions)","Only 4 defined terms, all straightforward references to other legislation","Single operative provision (section 6) with simple two-limb structure","No nested exceptions or conditional logic beyond basic 'if X then Y' structure","Clear cross-references to well-known statutes (Social Security Act, Family Assistance Act, etc.)","Repeal of previous instrument is handled in a single schedule with one item"],"plain_english_summary":"This instrument exempts one‑off government compensation for administrative errors from being treated as income for Centrelink means-tests when the payments replace missed social security, family, student or paid parental‑leave entitlements or reimburse related expenses. It protects recipients from having regular payments reduced by such redress and updates the 2015 determination for 2025, affecting claimants and the agencies that pay them."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015 (Schedule 1) and restates which Commonwealth compensation payments are treated as exempt lump sums (see s6). The legal instrument landscape is therefore altered by repeal and re‑specification; determining whether the substantive coverage is broader or narrower requires a direct comparison with the 2015 text."},"complexity_factors":["Direct cross‑references to multiple statutes and defined terms increase interpretive links (Definitions: s4 references social security law, family assistance law, Student Assistance Act/ABSTUDY/AIC, Paid Parental Leave Act).","Relies on a provision of the primary statute (paragraph 8(11)(d) of the Social Security Act 1991) for legal effect, so understanding requires reading the Act (Authority: s3).","Key operative language is concise but fact‑sensitive: phrases like \"in lieu of\" and \"to reimburse expenses incurred\" require case‑by‑case administrative decisions about eligibility and scope (Operative: s6).","Repeal of the prior 2015 Determination means practitioners must check both instruments to identify any substantive changes or transitional issues (Schedule 1).","Commencement is administrative (takes effect the day after registration), so implementation timing is simple but immediate (Commencement: s2).","Single‑purpose instrument with limited provisions reduces drafting complexity and enforcement pathways (overall structure: ss1–6)."],"plain_english_summary":"**What it does:** This Determination treats certain Commonwealth \"compensation payments\" as exempt lump sums for social security means‑testing under paragraph 8(11)(d) of the Social Security Act 1991. It covers payments made in lieu of amounts under social security, family assistance, student assistance/ABSTUDY/AIC, or the Paid Parental Leave Act, and reimbursements for expenses caused by administration of those laws. Recipients of those discretionary Commonwealth payments will have those lump sums excluded from means tests, changing benefit calculations."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025","history":"/api/acts/social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025/history","analysis":"/api/acts/social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-certain-commonwealth-discretionary-payments-determination-2025/documents"}}