{"id":"F2017L00059","name":"Social Security (Exempt Lump Sum - Pastoral Care and Assistance Scheme) Determination 2017","slug":"social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95756,"registerId":"commonwealth-F2017L00059-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum - Pastoral Care and Assistance Scheme) Determination 2017","content":"![](image.001.png)\n\nSocial Security (Exempt Lump Sum - Pastoral Care and Assistance Scheme) Determination 2017\n\nI, Anita Davis, delegate of the Secretary of the Department of Social Services, make the following determination.\n\nDated 18 January 2017\n\n………………………………………………………………….\n\nANITA DAVIS\n\nActing Branch Manager\n\nInternational and Means Test Policy Branch\n\nDepartment of Social Services \n\n1 Name\n\nThis instrument is the Social Security (Exempt Lump Sum - Pastoral Care and Assistance Scheme) Determination 2017.\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```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\n```\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nThis instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4 Revocation\n\nThe following instruments are revoked:\n\nSocial Security Exempt Lump Sum (Pastoral Care and Assistance Scheme Payment) (FaCSIA) Determination 2007\n\nSocial Security Exempt Lump Sum (Pastoral Care and Assistance Scheme Payment) (DEWR) Determination 2007\n\nSocial Security Exempt Lump Sum (Pastoral Care and Assistance Scheme Payment) (DEST) Determination 2007\n\n5 Definitions\n\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\nPastoral Care and Assistance Scheme means a scheme operated by the Anglican Church Diocese of Sydney and the Sydney Anglican Home Mission Society Council to provide one off payments to persons who were victims of child abuse or sexual misconduct by a church worker in the context of, or related to, their church role.\n\nPastoral Care and Assistance Scheme Payment means a payment made by the Anglican Church, Diocese of Sydney or the Sydney Anglican Home Mission Society Council under the Pastoral Care and Assistance Scheme.\n\n6 Exempt Lump Sums\n\nFor the purposes of paragraph 8(11)(d) of the Act, the amount of a Pastoral Care and Assistance Scheme Payment is an exempt lump sum.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: exempting specific church-run compensation payments from social security means testing. The 2017 determination is a straightforward consolidation and update of three 2007 determinations that covered the same scheme, without expansion of scope."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page)","Only 3 defined terms in section 5","Single operative provision (section 6) with no conditional logic or exceptions","No cross-references beyond the empowering provision (paragraph 8(11)(d) of the Social Security Act 1991)","Straightforward revocation of three predecessor instruments in section 4"],"plain_english_summary":"This determination makes one‑off lump‑sum payments under the Anglican Diocese of Sydney’s Pastoral Care and Assistance Scheme exempt from Centrelink income and assets tests. \n\nIt protects people who receive compensation for child abuse or sexual misconduct by Anglican Church workers from losing or having their pension or benefits reduced, and replaces three older 2007 determinations with a single updated instrument."},"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":"The instrument revokes earlier 2007 determinations but reinstates the same legal effect: Pastoral Care and Assistance Scheme payments made by the named Anglican bodies are treated as exempt lump sums under paragraph 8(11)(d) of the Social Security Act 1991 (s4–s6). The text confines the exemption to those named payments and does not expand the class of payers or payments beyond the definition (s5–s6)."},"complexity_factors":["Narrow, single-purpose instrument: only one operative rule — declares Scheme payments an exempt lump sum (s6).","Defined scope by named organisations and scheme: definition of Pastoral Care and Assistance Scheme and Payment restricts application to payments by the Anglican Diocese of Sydney and the Sydney Anglican Home Mission Society Council (s5).","Legal dependency on the Social Security Act: operative effect references paragraph 8(11)(d) of the Act, creating reliance on external statutory meaning of 'exempt lump sum' (s3, s6).","Revocation of prior instruments: replaces three 2007 determinations, indicating administrative consolidation rather than expansion in text (s4).","Commencement mechanics are set out and tied to registration timing, requiring attention to the commencement table (s2).","Instrument made by a departmental delegate under statutory authority, so decision-making is exercisable by delegated official (preamble; s3).","Limited compliance or administrative burden in the instrument itself — it sets legal status but does not create an application or assessment process (s6)."],"plain_english_summary":"It declares that payments made under the Anglican Church Diocese of Sydney and the Sydney Anglican Home Mission Society Council’s Pastoral Care and Assistance Scheme are \"exempt lump sums\" for the purposes of the Social Security Act 1991 (para 8(11)(d)). This changes how those specific payments are treated for social security means-testing; the instrument was made by a Secretary’s delegate and revokes earlier 2007 determinations (ss3–6)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017","history":"/api/acts/social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017/history","analysis":"/api/acts/social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-pastoral-care-and-assistance-scheme-determination-2017/documents"}}