{"id":"F2024L00780","name":"Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024","slug":"social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442464,"registerId":"F2024L00780-fast-fetch-1775957460018","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024\n\n \n\n \n\n \n\nI, Gillian Beer, delegate of the Secretary of the Department of Social Services, make the following Determination.\n\nDated 20 June 2024   \n\n \n\nGillian Beer\n\nBranch Manager, Payment Structures and Seniors Branch\n\nDelegate of the Secretary of the Department of Social Services\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Exempt lump sum\n\n \n\n1  Name\n\n  This instrument is the Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024.\n\n2  Commencement\n\n  This instrument commences on 6 May 2024.\n\n3  Authority\n\n  This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\nSettlement Payment means:\n\n(a)    a payment made pursuant to the class action settlement approved by the Federal Court on 25 August 2023 in Haswell v Commonwealth of Australia (No. 3) [2023] FCA 1093, in relation to property value diminution; or\n\n(b)    a payment made pursuant to the class action settlement approved by the Federal Court on 19 June 2023 in Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660, in relation to:\n\n(i)      cultural loss; or\n\n(ii)   ordinary loss of the use of land.\n\n5  Exempt lump sum\n\n  For the purposes of paragraph 8(11)(d) of the Act, the amount of a Settlement Payment is an exempt lump sum.\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was designed specifically to exempt PFAS class action settlements from Centrelink means testing, and it does exactly that for the two specified cases. No scope creep is evident."},"complexity_factors":["Extremely short: only 5 operative sections spanning 2 pages","Only 2 defined terms ('Act' and 'Settlement Payment')","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, paragraph 8(11)(d))","No conditional logic, exceptions, or nested provisions","Single operative provision (section 5) with straightforward declaratory effect","Purpose-built for specific, narrow factual circumstances (two named court cases)"],"plain_english_summary":"This law makes specified lump-sum payments from two PFAS contamination class-action settlements (Haswell v Commonwealth and Wreck Bay Aboriginal Community Council v Commonwealth) exempt from Centrelink income/assets tests. It applies to recipients of those settlement payments so their compensation won’t reduce or suspend social security payments. That preserves both the settlements and recipients’ ongoing welfare entitlements after PFAS-related losses."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument exercises delegated power under the Act to specify that particular settlement payments are exempt lump sums (s3; s5). It does not expand or amend the Social Security Act itself; it only identifies particular payments (the two defined Settlement Payments) as exempt for means-testing purposes, thereby narrowing immediate administrative application to those recipients."},"complexity_factors":["Narrow, single-purpose measure limited to two specific court-approved class action settlements (Definitions; s5).","Relies on cross-reference to paragraph 8(11)(d) of the Social Security Act 1991 (s3) for legal effect.","Interacts with the broader, technical social security means-testing framework—administrative application requires matching settlement receipts to exemption rules.","Timing/commencement considerations (commences 6 May 2024) may require retrospective or prospective treatment of payments.","Low administrative discretion in wording, but department must identify eligible payments and apply exemption consistently."],"plain_english_summary":"This instrument treats specified class-action settlement payments (the Haswell and Wreck Bay settlements) as “exempt lump sums” for social security means-testing (see Definitions and s5). It affects people who receive those settlement payments by ensuring the amounts are not counted as assessable assets or income under the Social Security Act (authority: s3, paragraph 8(11)(d)), and it requires the Department to apply that exemption in benefit assessments."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2","history":"/api/acts/social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2/history","analysis":"/api/acts/social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-settlement-of-per-and-poly-fluoroalkyl-class-actions-determination-2/documents"}}