{"id":"F2018L00807","name":"Social Security (Exempt Lump Sum) Determination 2018","slug":"social-security-exempt-lump-sum-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439655,"registerId":"F2018L00807-fast-fetch-1775955599685","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum) Determination 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nSocial Security (Exempt Lump Sum) Determination 2018\n\n \n\n \n\n \n\nI, Mary McLarty, Branch Manager, Payment Structures make the following Determination under paragraph 8(11)(d) of the Social Security Act 1991.\n\nDated 15 June 2018    \n\nMary McLarty\n\nBranch Manager, Payment Structures\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Amount or class of amounts\n\n6 Application - Exempt lump sums\n\n \n\n \n\n \n\n \n\n1  Name\n\n  This determination is the Social Security (Exempt Lump Sum) Determination 2018.\n\n2  Commencement\n\n  This Determination commences on 1 October 2018.\n\n3  Authority\n\n  This determination is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\nHEC agreement means a home equity conversion agreement as defined under subsection 8(1) of the Social Security Act 1991.\n\n5  Amount or class of amounts —Exempt Lump Sums\n\n (1) Paragraph 8(11)(d) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.\n\nNot a member of a couple\n\n (2) If a person is not a member of a couple, an amount in excess of $40,000 that is paid to or on behalf of the person under a HEC agreement is an excluded amount or a class of excluded amounts.\n\nMember of a couple\n\n (3) If a person is a member of a couple, an amount in excess of $40,000 that is paid to or on behalf of the person or the person's partner under a HEC agreement is an excluded amount or a class of excluded amounts.\n\n6  Application —Exempt Lump Sums\n\n  It is appropriate to determine that an excluded amount, or class of excluded amounts, as specified in paragraphs 5(2) and (3), paid to a person or the person's partner, as the case may be, under a HEC agreement is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount is paid.\n\n \n\n \n","sortOrder":0}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination does not expand the statutory categories in the Act; it exercises the delegated power in paragraph 8(11)(d) to treat HEC payments over $40,000 as exempt lump sums (see s3, s5, s6). It therefore alters administrative treatment of those specific receipts for social security assessment purposes but does not itself create new eligibility criteria beyond the threshold and the Act's HEC definition."},"complexity_factors":["Narrow, single-subject instrument limited to HEC agreement payments (HEC defined by the Act).","Simple numeric threshold: amounts in excess of $40,000 (s5(2)–(3)).","Two factual variants only: single person vs member of a couple (s5(2)–(3)).","Instrument is an exercise of delegated administrative power under paragraph 8(11)(d) (s3), not a broad legislative change.","Interaction required with Social Security Act rules (definition of HEC and treatment of exempt lump sums), creating dependence on external statutory terms.","Immediate application from date of payment (s6) — administrative implementation detail."],"plain_english_summary":"Designates amounts above $40,000 paid under a Home Equity Conversion (HEC) agreement as \"exempt lump sums\" for social security purposes (see s5(2)–(3)). Payments to or on behalf of a person — or their partner if a member of a couple — are covered. The Branch Manager, Payment Structures, made the determination under paragraph 8(11)(d) of the Social Security Act. This changes how those receipts are treated in social‑security assessments."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: exempting home equity conversion agreement proceeds from social security means testing. It does exactly what the enabling provision (paragraph 8(11)(d)) permits — specifying particular amounts as exempt lump sums — without expanding into adjacent policy areas."},"complexity_factors":["Very short instrument — only 6 sections","Only 2 defined terms ('Act' and 'HEC agreement')","Simple conditional structure based solely on relationship status (single vs couple)","No cross-references beyond the enabling provision (paragraph 8(11)(d) of the Social Security Act 1991)","Single clear monetary threshold ($40,000) with no tapering or secondary calculations","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"This Determination treats amounts over $40,000 received under a home equity conversion (reverse mortgage) agreement as an exempt lump sum for Centrelink, so those funds are ignored when assessing pensions or benefits. \n\nIt protects single people and couples accessing home equity from having large HEC withdrawals reduce or cut their social security payments."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-determination-2018","history":"/api/acts/social-security-exempt-lump-sum-determination-2018/history","analysis":"/api/acts/social-security-exempt-lump-sum-determination-2018/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-determination-2018/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-determination-2018/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-determination-2018/documents"}}