{"id":"F2016L01645","name":"Social Security (Exempt Lump Sum - The Netherlands Government Compensation Payments in respect of the World War Two Japanese Occupation of the Dutch East Indies) Determination 2016","slug":"social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95312,"registerId":"commonwealth-F2016L01645-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum - The Netherlands Government Compensation Payments in respect of the World War Two Japanese Occupation of the Dutch East Indies) Determination 2016","content":"![](image.001.png)\n\nSocial Security (Exempt Lump Sum - The Netherlands Government Compensation Payments in respect of the World War Two Japanese Occupation of the Dutch East Indies) Determination 2016\n\nI, Anita Davis, delegate of the Secretary of the Department of Social Services, make the following determination.\n\nDated 24 October 2016\n\n………………………………………………………………….\n\nANITA DAVIS\n\nActing Branch Manager\n\nInternational and Means Test Policy Branch\n\nDepartment of Social Services\n\n \n\n1 Name\n\nThis instrument is the Social Security (Exempt Lump Sum - The Netherlands Government Compensation Payments in respect of the World War Two Japanese Occupation of the Dutch East Indies) Determination 2016\n\n2 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

1 June 2016.

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nGovernment compensation payment means a payment made by The Netherlands Government to people who were civil servants or military personnel who were in the service of the Dutch East Indies Government during the Japanese occupation of the Dutch East Indies during World War 2.\n\n \n5 Exempt Lump Sums\n\nFor the purposes of paragraph 8(11)(d) of the Act, the amount of a Government compensation payment is an exempt lump sum.","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 precisely targeted at its original purpose. It has not expanded beyond exempting Netherlands Government compensation payments for Dutch East Indies WWII occupation victims from the social security means test."},"complexity_factors":["Extremely short instrument - only 5 operative sections spanning 2 pages","Only 2 defined terms ('Act' and 'Government compensation payment')","Zero 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 effect: declaring a specific payment type as 'exempt lump sum'","Factual scope is narrow and precisely circumscribed - one specific payment from one specific government for one specific historical event"],"plain_english_summary":"This determination prevents one‑off wartime compensation payments from the Netherlands being counted by Centrelink when assessing social security. It specifically protects Dutch‑Australian recipients (or their families) who served as civil servants or military in the Dutch East Indies during Japan’s WWII occupation. The change ensures elderly pensioners aren’t penalised or have benefits reduced for belated wartime compensation."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not alter the Social Security Act itself; it exercises the Act's exemption power (paragraph 8(11)(d)) to specify that a defined class of Netherlands compensation payments are to be treated as exempt lump sums (section 5). The effect is narrow and declaratory: it changes the treatment of those payments for means-testing from 1 June 2016 but does not expand or remove other statutory eligibility rules."},"complexity_factors":["Narrow subject matter: single, specific category of overseas compensation payments defined in section 4 (\"Government compensation payment\").","Legal cross‑reference: relies on paragraph 8(11)(d) of the Social Security Act 1991 as the enabling power (section 3), requiring interpreters to read both instruments together.","Small administrative effect: section 5 gives a single mechanical outcome (treatment as an exempt lump sum), limiting normative complexity.","Commencement detail: whole instrument commences 1 June 2016 (section 2), which administrators must observe for temporal application.","Verification burden: to apply the exemption administrators must identify eligible payments and recipients under the defined term in section 4, creating a modest evidence/eligibility check for claimants and staff."],"plain_english_summary":"This instrument treats compensation payments made by the Netherlands Government to people who served as civil servants or military personnel of the Dutch East Indies during the Japanese occupation in World War II as \"exempt lump sums\" under the Social Security Act 1991. Mechanically, those specific payments are excluded from means- and assets‑testing for Australian social security purposes. It mainly affects recipients of those Netherlands payments and the officials who assess social security eligibility and payment rates."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w","history":"/api/acts/social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w/history","analysis":"/api/acts/social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-the-netherlands-government-compensation-payments-in-respect-of-the-w/documents"}}