{"id":"F2011L00159","name":"Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010","slug":"social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86249,"registerId":"commonwealth-F2011L00159-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010","content":"![](image.001.png)\n\nSocial Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010\n\nSocial Security Act 1991\n\nI, DAVID PATTIE, Branch Manager, Income Support Programs Branch, Department of Education, Employment and Workplace Relations, make this Determination under paragraph 8 (11) (d) of the Social Security Act 1991.\n\nDated 17 December 2010\n\nDAVID PATTIE\n\nAssistant Secretary, Income Support Programs Branch  \nDepartment of Education, Employment and Workplace Relations\n\nDo not delete : Part Placeholder\n\nDo not delete : Division Placeholder\n\n1 Name of Determination\n\nThis Determination is the Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010.\n\n2 Commencement\n\nThis Determination commences on the day after it is registered.\n\n3 Application\n\nThis Determination applies to an ex gratia payment made before, on or after the commencement of this Determination.\n\n4 Definition\n\nIn this Determination:\n\n> ex gratia payment means a payment:\n\n(a) of up to $50 000 made by the South Australian Attorney\\-General under the Victims of Crime Act 2001 (SA) from the Victims of Crime Fund set up under that Act to individuals who have suffered sexual abuse as children while in State care; or\n\n(b) a payment of up to $750 made from the same Fund for the payment of legal fees incurred in obtaining legal advice for the purposes of signing a Deed of Settlement and Release in relation to a payment mentioned in paragraph (a).\n\n5 Exempt lump sum\n\nFor paragraph 8 (11) (d) of the Social Security Act 1991, an ex gratia payment is an exempt lump sum.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1687},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The determination remains focused on its original narrow purpose of exempting specific South Australian ex gratia abuse compensation payments from social security means testing."},"complexity_factors":["Very short instrument with only 5 sections","Single defined term ('ex gratia payment')","No cross-references to other legislation beyond the enabling Act","Simple declarative structure with no exceptions, conditions, or nested logic"],"plain_english_summary":"**What this does**\n\nThis rule ensures that compensation payments made to survivors of child sexual abuse who were in South Australian State care don't reduce their Centrelink benefits.\n\n**Who it affects**\n\nPeople who received payments from the South Australian government for abuse suffered as children while in State care. Specifically:\n- **Main payment**: Up to $50,000 paid by the SA Attorney-General from the Victims of Crime Fund\n- **Legal costs**: Up to $750 to cover legal advice for signing settlement documents\n\n**Why it matters**\n\nNormally, receiving a lump sum of money can affect your social security benefits (like the pension or JobSeeker) because it might be counted as income or assets. This determination classifies these specific abuse compensation payments as **\"exempt lump sums\"** — meaning Centrelink ignores them when calculating your payments.\n\n**Key point**\n\nThis protection applies regardless of when the payment was made (before or after this rule started)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de","history":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de/history","analysis":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-deewr-de/documents"}}