{"id":"F2017L01518","name":"Social Security (Exempt Lump Sum – Queensland Government Reconciliation Plan) Determination 2017","slug":"social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":144277,"registerId":"commonwealth-F2017L01518-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\nThis instrument is the Social Security (Exempt Lump Sum – Queensland Government Reconciliation Plan) Determination 2017.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","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

13 November 2017.

\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 Note: This table relates only to the provisions of this instrument as originally made.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.\n\n3 Authority\n\nThis instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4 Definitions\n\nIn this instrument:\n\nAct means the Social Security Act 1991.\n\nReconciliation Plan Payment made by the Queensland Government Department of Health under the Reconciliation Plan for children who, as wards of the State, were placed in adult mental health facilities means:\n\n (a) a one-off lump sum ex gratia payment;\n\n (b) a one-off lump sum payment of up to $1,000 for legal advice;\n\n (c) a one-off lump sum payment of up to $1,000 for financial advice;\n\n (d) a one-off lump sum payment of up to $2,000 for professional counselling or debriefing sessions.\n\n5 Exempt lump sum\n\nFor the purposes of paragraph 8(11)(d) of the Act, if a person receives any amount that is specified as part of the Reconciliation Plan Payment, that amount is an exempt lump sum.","sortOrder":1}],"analysis":{"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 sets a confined exemption for specified Queensland Reconciliation Plan lump sums and does not broaden social security law beyond that narrow class of payments. It neither adds new categories nor removes existing Social Security Act provisions; it implements an exemption limited to the payments and amounts defined in the instrument."},"complexity_factors":["Very narrow substantive scope — applies only to specified Reconciliation Plan payments and recipients described in the definition.","Explicit, limited categories of payments with fixed caps (legal $1,000; financial $1,000; counselling $2,000) reduce interpretive complexity.","Dependent on paragraph 8(11)(d) of the Social Security Act 1991 — cross‑reference to broader legislation but limited application here.","Administrative requirement for social security authorities to recognise and record exempt status for identified payments.","Potential factual queries about whether a given payment fits the instrument's definition (eg, identifying eligible former wards and qualifying payments).","Commencement and authority are plainly specified (commenced 13 November 2017; made under Act para 8(11)(d)), so legal provenance is straightforward."],"plain_english_summary":"Mechanically, this instrument treats certain one‑off payments from the Queensland Government’s Reconciliation Plan to former child wards placed in adult mental health facilities as exempt lump sums under the Social Security Act, so those amounts are not counted when assessing social security entitlements. It covers an ex gratia payment and capped payments for legal advice (up to $1,000), financial advice (up to $1,000) and counselling (up to $2,000). The Queensland Department of Health pays; the Commonwealth exempts those amounts for benefit purposes."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was designed specifically to exempt the Queensland Government Reconciliation Plan payments from social security means testing, and it does exactly that without expansion into broader policy areas."},"complexity_factors":["Very short instrument (only 5 sections)","Single defined term with a straightforward definition","No cross-references to other legislation beyond the enabling provision (paragraph 8(11)(d) of the Social Security Act 1991)","No conditional logic, exceptions, or nested provisions","Simple operative provision (section 5) with direct application","Purpose-built for a specific, narrow factual scenario"],"plain_english_summary":"This law prevents specified compensation from the Queensland Government’s Reconciliation Plan being treated as income or assets for Centrelink means tests, so affected social security payments aren’t reduced or delayed. It applies to people who were wards of the State and placed in adult mental health facilities in Queensland.\n\nCovered amounts include the one‑off ex gratia payment and modest caps for legal, financial and counselling assistance, ensuring the money aids recovery rather than cutting benefits."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017","history":"/api/acts/social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017/history","analysis":"/api/acts/social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-queensland-government-reconciliation-plan-determination-2017/documents"}}