{"id":"F2008L01143","name":"Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008","slug":"social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73341,"registerId":"commonwealth-F2008L01143-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Social Security Exempt Lump Sum (Redress","sectionType":"part","heading":"Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008","content":"# Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008\n\nSocial Security Act 1991\n\nI, Alanna Foster, Branch Manager, Seniors and Means Test Branch and a delegate of the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs make this determination under paragraph 8(11)(d) of the Social Security Act 1991.[\\[1\\]](#_ftn1)\n\nDated TWENTY FIRST OF APRIL 2008\n\nA R Foster\n\nAlanna Foster\n\nBranch Manager, Seniors and Means Test Branch","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis determination is the Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008.\n\n2 Commencement\n\nThis determination commences on 1 May 2008.\n\n3 Interpretation\n\nIn this determination:\n\nAct means the Social Security Act 1991;\n\nEx-gratia payment means:\n\na one-off lump sum payment up to a maximum amount of $80,000.00 made by the State of Western Australia under the scheme known as Redress WA.\n\nNote: All eligibility criteria for receipt of this payment are determined by the State of Western Australia.\n\n  \n\nPart 2 Exempt Lump Sums","sortOrder":1},{"sectionNumber":"4","sectionType":"division","heading":"Amount or class of amounts","content":"### 4 Amount or class of amounts\n\n(1) Paragraph 8(11)(d) of the Act provides that the Secretary may determine that an amount or class of amounts received by a person, is an exempt lump sum.\n\n(2) If a person receives an ex-gratia payment, any amount of that payment received by the person is an exempt lump sum.","sortOrder":2},{"sectionNumber":"5","sectionType":"division","heading":"Application—Exempt Lump Sums","content":"### 5 Application—Exempt Lump Sums\n\nOn or after the date of commencement of this determination, an amount referred to in subsection 4(2) of this determination received by a person is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.","sortOrder":3}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2582},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose of exempting Redress WA payments from social security income testing."},"complexity_factors":["Only one defined term ('Ex-gratia payment')","No conditional exceptions or nested rules","Single purpose instrument with straightforward application","Minimal cross-referencing (only to the empowering provision in the Social Security Act)"],"plain_english_summary":"This determination protects Centrelink benefits for people who received compensation from the Western Australian government for childhood abuse suffered in state care.\n\n**What it does**\n\nUnder the *Redress WA* scheme, the WA government made one-off **ex-gratia** (voluntary) payments of up to $80,000 to survivors. Normally, receiving a large lump sum would count as **income** and could reduce or cancel your Age Pension, Disability Support Pension, or other Centrelink payments.\n\nThis instrument creates an **exempt lump sum** rule. It means these specific Redress WA payments are **ignored** when Centrelink calculates your income. You can receive the full compensation without it affecting your fortnightly benefits.\n\n**Who it covers**\n\nAnyone who received a payment under the Redress WA scheme (which operated until 2011).\n\n**Why it matters**\n\nWithout this exemption, survivors on Centrelink would effectively have their compensation reduced through lower benefit payments. This ensures the redress money goes entirely to the survivor."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008","history":"/api/acts/social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008/history","analysis":"/api/acts/social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-redress-wa-fahcsia-determination-2008/documents"}}