{"id":"F2016L01706","name":"Social Security (Exempt Lump Sum – Emergency Services and State Super Compensation Payments) Determination 2016","slug":"social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95358,"registerId":"commonwealth-F2016L01706-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum – Emergency Services and State Super Compensation Payments) Determination 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nSocial Security (Exempt Lump Sum – Emergency Services and State Super Compensation Payments) Determination 2016\n\nI, Anita Davis, delegate of the Secretary of the Department of Social Services, make the following determination.\n\n \n\nDated         1 November 2016\n\n………………………………………………………………….\n\nANITA DAVIS\n\nActing Branch Manager\n\nInternational and Means Test Policy Branch\n\nDepartment of Social Services  \n\n\n \n\n1 Name\n\n This instrument is the Social Security (Exempt Lump Sum – Emergency Services and State Super Compensation Payments) Determination 2016\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- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 4 November 2016\n\n\n  \n\nNote: This table relates only to the provisions of this instrument as originally made.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 \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\n This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n \n\n4  Definitions\n\n In this instrument:\n\nAct means the Social Security Act 1991.\n\nESSSuper means Emergency Services and State Super.\n\nCentrelink pensioners means a group of pensioners in receipt of a Centrelink pension payment who were impacted by an incorrect deductible amount calculated by ESSSuper during changes to  taxation laws effective from 1 July 2007 and reported to Centrelink by ESSSuper .\n\nESSSuper compensation payment means a lump sum payment made to Centrelink pensioners by ESSSuper to compensate them for the impact of the incorrect deductible amount being reported to Centrelink.\n\n5  Exempt Lump Sums\n\n### For the purposes of paragraph 8(11)(d) of the Act an ESSSuper compensation payment is an exempt lump sum.\n\n \n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose. It was created specifically to exempt ESSSuper compensation payments arising from the 2007 tax law changes deductible amount miscalculation, and it does exactly that — nothing more, nothing less."},"complexity_factors":["Very short instrument — only 5 sections plus definitions","Only 4 defined terms, all straightforward","Single operative provision (section 5) with no conditions, exceptions, or cross-references beyond the empowering provision","No nested logic or temporal limitations","Purpose-built for a specific, narrow factual scenario (ESSSuper miscalculation for 2007 tax changes)"],"plain_english_summary":"This creates a special rule letting certain Centrelink pensioners who receive ESSSuper payments keep lump‑sum compensation without it reducing their Centrelink pension. \n\nIt responds to ESSSuper’s misreporting of deductible amounts after 2007 tax changes, which caused underpaid pensions; the compensation is exempted from Centrelink income/assets tests so affected pensioners aren’t penalised twice."},"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 does not alter the Social Security Act’s general substantive scope. It designates a particular category of ESSSuper compensation payments as exempt under an existing provision (paragraph 8(11)(d)), changing the Act’s application to those payments but not expanding or contracting the Act’s statutory reach."},"complexity_factors":["Single, narrow substantive rule: section 5 simply declares a specific payment type an exempt lump sum.","Limited definitions: only a few defined terms (Act, ESSSuper, Centrelink pensioners, ESSSuper compensation payment).","Relies on external legal provision: effect depends on interpretation of paragraph 8(11)(d) of the Social Security Act 1991.","Straightforward commencement mechanism (commences day after registration).","No procedural obligations, conditions, or ongoing administrative discretion set out in the instrument.","Potential interpretive dependency on the factual description of affected pensioners (how ESSSuper reported the incorrect deductible)."],"plain_english_summary":"This determination says that lump-sum compensation payments made by Emergency Services and State Super (ESSSuper) to certain Centrelink pensioners are an “exempt lump sum” under paragraph 8(11)(d) of the Social Security Act 1991. It applies to pensioners who received payments from ESSSuper to correct an incorrect deductible amount reported during tax-law changes effective 1 July 2007, so those specific payments are treated as exempt for the Act’s purposes."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati","history":"/api/acts/social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati/history","analysis":"/api/acts/social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-emergency-services-and-state-super-compensation-payments-determinati/documents"}}