{"id":"F2018L00107","name":"Social Security (Exempt Lump Sum – Defence Force Reparation Scheme Payment) Determination 2018","slug":"social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96744,"registerId":"commonwealth-F2018L00107-current","compilationNumber":null,"startDate":"2026-04-02","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 – Defence Force Reparation Scheme Payment) Determination 2018.","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 on the Federal Register of Legislation.

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made.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.","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\n In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> Defence Force Reparation Scheme Payment means a reparation payment made by the Secretary of the Defence Department as a result of a recommendation made by the Defence Force Ombudsman under section 14A or 14B of the Ombudsman Regulations 2017.","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, the gross amount of a Defence Force Reparation Scheme Payment is an exempt lump sum.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not alter other legislation; it narrowly designates Defence Force Reparation Scheme Payments as exempt lump sums for social security means‑testing. There is no indication in the instrument that it changes scope from any prior instrument or the underlying Act."},"complexity_factors":["Single-purpose, short instrument with straightforward operative effect (designation of exempt lump sum)","Cross-reference to Social Security Act 1991 paragraph 8(11)(d) (cl. 3) requiring readers to consult primary legislation for full legal effect","Definition of the covered payment depends on Ombudsman Regulations 2017 (sections 14A/14B) (cl. 4), creating an external dependency","Administrative discretion sits with the Secretary of Defence to make the payment (definition), which may affect when the exemption applies in practice","Interaction with social security means‑test rules may require case-by-case administrative assessment despite the simple statutory label","Commencement mechanic (takes effect the day after registration) is an implementation detail but not legally complex"],"plain_english_summary":"This instrument declares the gross amount of a Defence Force Reparation Scheme Payment to be an \"exempt lump sum\" for social security purposes under paragraph 8(11)(d) of the Social Security Act 1991. It applies to reparation payments made by the Secretary of Defence following a recommendation by the Defence Force Ombudsman under the Ombudsman Regulations 2017.\n\nMechanically, a designated reparation payment will not be counted as assessable income or an asset for social security means‑testing; the instrument takes effect the day after registration."},"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 instrument remains tightly focused on its original purpose: exempting Defence Force Reparation Scheme Payments from social security means testing. There is no evidence of scope creep; it addresses exactly one type of payment with no additional categories, conditions, or extensions beyond the original policy intent."},"complexity_factors":["Extremely short instrument (only 5 sections, approximately 200 words of substantive content)","Only 2 defined terms ('Act' and 'Defence Force Reparation Scheme Payment')","Single operative provision (section 5) with no conditional logic or exceptions","No cross-references beyond the enabling provision (Social Security Act 1991, paragraph 8(11)(d)) and the source of the payments (Ombudsman Regulations 2017)","Straightforward declaration: the specified payment 'is an exempt lump sum' — no thresholds, caps, or qualifying tests"],"plain_english_summary":"This instrument ensures compensation paid under the Defence Force Reparation Scheme (recommended by the Defence Force Ombudsman under the Ombudsman Regulations 2017) is exempt from Centrelink income and assets tests. Current and former ADF members who receive these reparation payments won’t have their pension, allowance or other social security payments reduced or cancelled as a result."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018","history":"/api/acts/social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018/history","analysis":"/api/acts/social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-defence-force-reparation-scheme-payment-determination-2018/documents"}}