{"id":"F2023L00034","name":"Social Security (Exempt Lump Sum - Native Forest Workforce Transition Program (Program 2)) Determination 2023","slug":"social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441694,"registerId":"F2023L00034-fast-fetch-1775956934173","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum - Native Forest Workforce Transition Program (Program 2)) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Exempt Lump Sum - Native Forest Workforce Transition Program (Program 2)) Determination 2023\n\nI, Gillian Beer, Branch Manager of the Payment Structures and Seniors Branch in the Department of Social Services, make the following Determination.\n\nDated  10 January 2023   \n\nGillian Beer\n\nBranch Manager of the Payment Structures and Seniors Branch\n\nDelegate of the Secretary of the Department of Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Exempt Lump Sum\n\n6  Application Provision.........................................2\n\n \n\n1  Name\n\n  This instrument is the Social Security (Exempt Lump Sum - Native Forest Workforce Transition Program (Program 2)) Determination 2023.\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 \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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n  This instrument 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\nNative Forest Workforce Transition Program (Program 2) means the Western Australian Government program under which payments are made to eligible native forestry workers in respect of their reskilling and retraining as they transition out of the industry.\n\n5  Exempt Lump Sum\n\n  For the purposes of paragraph 8(11)(d) of the Act, the amount of a payment made under the Native Forest Workforce Transition Program (Program 2) is an exempt lump sum.\n\n6  Application Provision\n\n  Section 5 applies to the calculation of the rate of social security payment payable to Native Forest Workforce Transition Program (Program 2) payment recipients for days on or after 30 June 2022.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This Determination changes the administrative scope of the Social Security Act by adding an express exemption for payments under the Native Forest Workforce Transition Program (Program 2) so they do not count in the calculation of social security payment rates (s5). It also applies that treatment retroactively for days on or after 30 June 2022, requiring recalculation of affected entitlements (s6)."},"complexity_factors":["Single, narrow legal effect: declares Program 2 payments an exempt lump sum (s5).","Short instrument with few provisions (name, commencement, authority, definitions, effect, application).","Depends on cross-reference to paragraph 8(11)(d) of the Social Security Act 1991; interpreting practical effect requires consulting that Act.","Retroactive application to 30 June 2022 requires administrative recalculation of entitlements for affected days (s6).","Operational dependency on Western Australian program eligibility and payment timing (definition of Program 2).","Low statutory discretion in the Determination itself; administrative work falls to social security officers to apply the exemption."],"plain_english_summary":"This Determination instructs Centrelink to treat payments from the Western Australian Native Forest Workforce Transition Program (Program 2) as an “exempt lump sum” for the purposes of paragraph 8(11)(d) of the Social Security Act 1991, so those payments are excluded when calculating social security payment rates (s5). It applies to rate calculations for days on or after 30 June 2022 (s6). The measure affects recipients of the WA program who also receive Commonwealth social security payments by changing how their social security entitlements are calculated."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It creates a specific income test exemption for one named Western Australian Government program, with no expansion into broader policy areas or additional beneficiary classes."},"complexity_factors":["Extremely short instrument — only 6 sections spanning 2 pages","Single defined term ('Native Forest Workforce Transition Program (Program 2)') plus standard 'Act' definition","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, paragraph 8(11)(d))","No conditional logic, exceptions, or nested provisions — operates as a straightforward deeming provision","Single operative section (section 5) containing one sentence"],"plain_english_summary":"This Determination directs Centrelink to ignore payments from Western Australia’s Native Forest Workforce Transition Program (Program 2) when assessing income for Commonwealth social security. It applies to native forestry workers in WA who receive those transition and retraining payments.\n\nThe change prevents those payments from reducing or stopping fortnightly pensions or allowances and operates retrospectively from 30 June 2022."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2","history":"/api/acts/social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2/history","analysis":"/api/acts/social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-native-forest-workforce-transition-program-program-2-determination-2/documents"}}