{"id":"F2023L00105","name":"Social Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023","slug":"social-security-exempt-lump-sum-nsw-taxi-licence-deregulation-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103757,"registerId":"commonwealth-F2023L00105-current","compilationNumber":null,"startDate":"2026-04-03","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 – NSW Taxi Licence Deregulation) Determination 2023.","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.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\nNSW taxi transitional assistance payment means a lump sum payment made to a person in accordance with the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) for further transitional assistance funds.\n\nfurther transitional assistance funds has the same meaning as in Schedule 3 to the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) .\n\n> Note: The following expression used in this instrument is defined in subsection 8(1), referring to subsection 8(11) of the Social Security Act 1991.\n\n (a) exempt lump sum","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exempt Lump Sum","content":"#### 5 Exempt Lump Sum\n\nFor the purposes of paragraph 8(11)(d) of the Act, the gross amount of a NSW taxi transitional assistance payment is an exempt lump sum.\n\n 6 Application provision\n\nSection 5 applies to the calculation of the rate of social security payments payable for days on or after 1 February 2023.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument expands the scope of exempt lump sums under the Social Security Act by adding the gross amount of NSW taxi transitional assistance payments as an exempt lump sum (s5). The change applies to social security rate calculations for days on or after 1 February 2023 (s6) and is made under paragraph 8(11)(d) of the Act (s3)."},"complexity_factors":["Single, narrowly framed substantive change: s5 simply declares the NSW taxi transitional assistance payment an exempt lump sum.","Short instrument with limited definitions: s4 provides only a few defined terms, keeping interpretation compact.","Cross-jurisdictional reference to NSW law: the payment is defined by NSW instruments (Point to Point Transport regs/Act), requiring consultation of NSW sources to identify eligible payments (s4).","Temporal application specified: the change applies to rate calculations for days on or after 1 February 2023 (s6), so administrators must implement from that date.","No new administrative discretion or complex compliance regime: the instrument sets a legal treatment rather than creating new decision-making powers (s3, s5).","Operational impact limited but concrete: social security assessment calculations must exclude the gross amount where relevant, which requires administrative adjustment by the agency (s5, s6)."],"plain_english_summary":"This instrument declares that the gross amount of a NSW taxi transitional assistance payment is an \"exempt lump sum\" for social security purposes (s5). It applies to calculating social security payment rates for days on or after 1 February 2023 (s6).\n\nIt affects people who received the NSW lump-sum payment: the Commonwealth will not treat that gross amount as assessable income when working out social security rates. The instrument is made under paragraph 8(11)(d) of the Social Security Act 1991 (s3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function its title suggests: exempting a specific NSW taxi compensation payment from social security means testing. There is no scope creep or expansion beyond this original purpose."},"complexity_factors":["Extremely short: only 6 sections spanning 2 pages","Only 4 defined terms, all straightforward references to NSW legislation","Single operative provision (section 5) with no conditions, exceptions, or nested logic","No cross-references to other Commonwealth legislation beyond the empowering provision (Social Security Act 1991, s 8(11)(d))","Simple application provision with fixed date (1 February 2023) rather than conditional triggers"],"plain_english_summary":"This determination treats NSW “further transitional assistance” payments to taxi licence holders as non‑countable for Centrelink income and assets tests, so those lump sums won’t reduce Age Pension, Disability Support Pension, JobSeeker or other Commonwealth payments. \n\nIt applies retrospectively from 1 February 2023, protecting NSW taxi drivers’ compensation from being eaten up by welfare adjustments and fixing past incorrect Centrelink calculations."},"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-nsw-taxi-licence-deregulation-determination-2023","history":"/api/acts/social-security-exempt-lump-sum-nsw-taxi-licence-deregulation-determination-2023/history","analysis":"/api/acts/social-security-exempt-lump-sum-nsw-taxi-licence-deregulation-determination-2023/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-nsw-taxi-licence-deregulation-determination-2023/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-nsw-taxi-licence-deregulation-determination-2023/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-nsw-taxi-licence-deregulation-determination-2023/documents"}}