{"id":"F2017L00055","name":"Social Security (Exempt Lump Sum - Compensation Payments in respect of certain War related Internments) Determination 2017","slug":"social-security-exempt-lump-sum-compensation-payments-in-respect-of-certain-war-related-internments-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95743,"registerId":"commonwealth-F2017L00055-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum - Compensation Payments in respect of certain War related Internments) Determination 2017","content":"![](image.001.png)\n\nSocial Security (Exempt Lump Sum - Compensation Payments in respect of certain War related Internments) 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\n \n\n1 Name\n\nThis instrument is the Social Security (Exempt Lump Sum - Compensation Payments in respect of certain War related Internments) 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.

21 January 2017

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made.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 instruments are revoked:\n\nSocial Security Exempt Lump Sum Determination No.2 of 2001 (FACS)\n\nSocial Security Exempt Lump Sum Determination No.3 of 2004 (FACS)\n\nSocial Security Exempt Lump Sum (Compensation payments in respect of certain World War 2 internments) (FaCSIA) Determination 2007\n\nSocial Security Exempt Lump Sum (Compensation payments in respect of certain World War 2 internments) (DEST) Determination 2007\n\nSocial Security Exempt Lump Sum (Compensation payments in respect of certain World War 2 internments) (DEWR) Determination 2007\n\n5 Definitions\n\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\ncompensation payment means either:\n\n (a) a payment made to World War Two Japanese Internees under the Compensation (Japanese Internment) Act 2001;\n\n (b) a payment for North Korean Internees under Part 2 of the Veterans’ Entitlement (Clarke Review) Act 2004; or\n\n (c) a payment for World War Two European Internees under Schedule 5 of the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act.\n\n6 Exempt Lump Sums\n\nFor the purposes of paragraph 8(11)(d) of the Act, the amount of a compensation payment is an exempt lump sum.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose. It consolidates previous determinations but does not expand the scope beyond exempting specific wartime internment compensation payments from means testing. The three categories of beneficiaries remain unchanged from prior instruments."},"complexity_factors":["Very short instrument — only 6 substantive sections","Only 2 defined terms ('Act' and 'compensation payment')","No cross-references beyond the enabling provision (paragraph 8(11)(d) of the Social Security Act 1991)","Simple declarative structure — 'the amount of a compensation payment is an exempt lump sum'","No conditional logic, exceptions, or nested provisions","Straightforward revocation of prior instruments in section 4"],"plain_english_summary":"This instrument ensures specific lump‑sum compensation paid to World War Two Japanese internees, World War Two European internees, and North Korean internees is exempt from Centrelink income and assets tests. \n\nThat exemption prevents those historical compensation payments from reducing recipients’ ongoing social security entitlements, and it consolidates earlier determinations from 2001–2007 into a single updated instrument."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument replaces earlier determinations (cl.4) and expressly declares the listed compensation payments to be exempt lump sums (cl.5–6). The text shows consolidation and continued exemption of those specific payments; it does not on its face expand or narrow the listed categories."},"complexity_factors":["Cross‑reference to the Social Security Act (paragraph 8(11)(d)) requires consulting primary legislation to see effect (cl.3).","Definitions narrowly list three statutory sources of compensation, so implementers must check each source Act to identify eligible payments (cl.5).","Instrument revokes multiple prior determinations, indicating consolidation rather than new policy detail (cl.4).","Operational effect depends on existing means‑test machinery across social security law — administrative application rather than new eligibility rules (cl.6).","Made by an administrative delegate (preamble), so procedural delegation matters for administration and recordkeeping.","Text provides a clear legal outcome but little procedural or interpretive guidance, requiring agencies to read it with other statutes and policy guidance."],"plain_english_summary":"This instrument treats specified compensation payments to World War Two Japanese internees, North Korean internees and World War Two European internees as \"exempt lump sums\" for social security means‑testing, so those payments are ignored when calculating entitlement (cl.5–6). It is made by a Department of Social Services delegate under paragraph 8(11)(d) of the Social Security Act (cl.3) and revokes earlier determinations (cl.4). Effect: recipients retain social security payments without offset; the fiscal cost is borne by the Commonwealth."},"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-compensation-payments-in-respect-of-certain-war-related-internments-","history":"/api/acts/social-security-exempt-lump-sum-compensation-payments-in-respect-of-certain-war-related-internments-/history","analysis":"/api/acts/social-security-exempt-lump-sum-compensation-payments-in-respect-of-certain-war-related-internments-/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-compensation-payments-in-respect-of-certain-war-related-internments-/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-compensation-payments-in-respect-of-certain-war-related-internments-/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-compensation-payments-in-respect-of-certain-war-related-internments-/documents"}}