{"id":"F2017L00058","name":"Social Security (Exempt Lump Sum - Comparable Foreign Payment Arrears) Determination 2017","slug":"social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95754,"registerId":"commonwealth-F2017L00058-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"For the purposes of paragraph 8(11)(d) o","sectionType":"division","heading":"For the purposes of paragraph 8(11)(d) of the Act the payment of an amount of arrears of a comparable foreign payment is an exempt lump sum.","content":"![](image.001.png)\n\nSocial Security (Exempt Lump Sum \\-Comparable Foreign Payment Arrears) Determination 2017\n\nI, Anita Davis, delegate of the Secretary of the Department of Social Services, make the following determination.\n\nDated 18 January 2017\n\n………………………………………………………………….\n\nANITA DAVIS\n\nActing Branch Manager\n\nInternational and Means Test Policy Branch\n\nDepartment of Social Services \n\n1 Name\n\nThis instrument is the Social Security (Exempt Lump Sum \\- Comparable Foreign Payment Arrears) Determination 2017\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```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\n```\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nThis instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4 Revocation\n\nThe following instrument is revoked:\n\nSocial Security Exempt Lump Sum Determination No. 2 of 2004 (FACS)\n\n5 Definitions\n\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\ncomparable foreign payment has the same meaning as under section 1228A of the Act.\n\n6 Exempt Lump Sums\n\n### For the purposes of paragraph 8(11)(d) of the Act the payment of an amount of arrears of a comparable foreign payment is an exempt lump sum.","sortOrder":0}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument continues the narrow policy of treating arrears of comparable foreign payments as exempt lump sums (cl 6) and revokes the earlier 2004 determination (cl 4). It does not expand the categories covered in the instrument itself; it relies on the Act’s definitions and paragraph 8(11)(d) for substantive scope (cl 3, cl 5)."},"complexity_factors":["Single, narrow substantive rule: designates a single category (arrears of comparable foreign payment) as an exempt lump sum (cl 6).","Reliance on external statutory definitions and mechanisms (references paragraph 8(11)(d) of the Social Security Act 1991 and the defined term comparable foreign payment under s1228A) increases legal cross‑references (cl 3, cl 5).","Revocation of an earlier instrument requires checking past instruments for continuity or change (cl 4).","Administrative details: delegated decision‑maker and commencement/registration timing require minor administrative steps (instrument header; cl 2).","No complex procedural, assessment or enforcement rules in the instrument itself — limited operational detail reduces complexity."],"plain_english_summary":"This instrument declares that arrears (back‑payments) of a “comparable foreign payment” are to be treated as an exempt lump sum for the purposes of paragraph 8(11)(d) of the Social Security Act 1991. It applies to people in Australia who receive backdated foreign pension‑style payments and changes how those specific receipts are treated under the Act. The determination is made by a delegate of the Secretary of the Department of Social Services and revokes an earlier 2004 determination."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function described in its title and empowering provision. It creates a specific exemption for foreign payment arrears without expanding into related areas of social security law."},"complexity_factors":["Extremely short instrument — only 6 sections covering 2 pages","Only 2 defined terms ('Act' and 'comparable foreign payment')","Single operative provision with no conditions, exceptions, or nested logic","No cross-references beyond the empowering provision (paragraph 8(11)(d)) and one definition reference (section 1228A)","Straightforward revocation of a single previous instrument","Standard commencement table using default legislative template"],"plain_english_summary":"This determination treats arrears of comparable foreign social security or pension payments as exempt lump sums for Centrelink, so overseas back‑pay is not counted as income. It protects Australian pensioners and benefit recipients who receive delayed payments from foreign governments (e.g. under reciprocal social security arrangements), preventing their Australian entitlements being reduced because the overseas arrears arrive as a one‑off payment."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017","history":"/api/acts/social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017/history","analysis":"/api/acts/social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-comparable-foreign-payment-arrears-determination-2017/documents"}}