{"id":"F2014L00223","name":"Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014","slug":"social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128409,"registerId":"commonwealth-F2014L00223-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014","content":"![](image.001.png)\n\nSocial Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014\n\nSocial Security Act 1991\n\nI, Ian Joyce, A/g Branch Manager, Seniors and Means Test Branch, as a delegate of the Secretary of the Department of Social Services, make this Determination under paragraph 8(11)(d) of the Social Security Act 1991.\n\nDated: 27 February 2014\n\nIan Joyce\n\nA/g Branch Manager, Seniors and Means Test Branch  \nDepartment of Social Services\n\nDo not delete : Part Placeholder\n\nDo not delete : Division Placeholder\n\n  \n\n1 Name of Determination\n\nThis Determination is the Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014.\n\n2 Commencement\n\nThis Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n3 Definitions\n\nThalidomide Class Action Payment means a lump sum payment made pursuant to the settlement of a class action by persons in Australia and New Zealand who suffered thalidomide-caused injuries that was approved by the Victorian Supreme Court on 7 February 2014.\n\n4 Exempt lump sum\n\nFor paragraph 8(11)(d) of the Social Security Act 1991, a Thalidomide Class Action Payment is an exempt lump sum.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2493},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of exempting the specific February 2014 thalidomide class action settlement payments from social security means testing. No expansion beyond this narrow cohort."},"complexity_factors":["Only 4 sections total (including title and commencement provisions)","Single defined term with a straightforward definition","No conditional logic, exceptions, or procedural requirements","Only one cross-reference to the enabling Act","Extremely narrow, specific scope applying to one specific class action settlement"],"plain_english_summary":"**The short version:** If you received a payout from the thalidomide class action in 2014, Centrelink can't count it when assessing your pension or benefits.\n\n**Why this matters:** Thalidomide was the notorious morning sickness drug from the 1960s that caused severe birth defects. In 2014, survivors in Australia and New Zealand finally received compensation through a Victorian Supreme Court settlement. Without this Determination, those lump sums could have bumped people off their Disability Support Pensions or reduced their payments — effectively clawing back the compensation via reduced social security.\n\n**The technical bit:** Under the Social Security Act, most lump sums count as income or assets for means testing (which determines if you get a pension and how much). This instrument declares these specific thalidomide payments to be an 'exempt lump sum' under paragraph 8(11)(d), meaning they're completely quarantined from Centrelink's calculations."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014","history":"/api/acts/social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014/history","analysis":"/api/acts/social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-thalidomide-class-action-payment-determination-2014/documents"}}