{"id":"F2017L01083","name":"Social Security (Exempt Lump Sum – Victorian Industry Transition Assistance Payment) Determination 2017","slug":"social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439307,"registerId":"F2017L01083-fast-fetch-1775955383300","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum – Victorian Industry Transition Assistance Payment) Determination 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nSocial Security (Exempt Lump Sum – Victorian Industry Transition Assistance Payment) Determination 2017\n\n \n\n \n\n \n\n \n\nI, Anita Davis, delegate of the Secretary of the Department of Social Services, make the following determination.\n\n \n\nDated 17 August 2017\n\n \n\n \n\nAnita Davis\n\nBranch Manager\n\nPayability and Integrity Branch\n\nDepartment of Social Services\n\n \n\n \n\n \n\n \n\n \n\n## 1        Name\n\n## This instrument is the Social Security (Exempt Lump Sum – Victorian Industry Transition Assistance Payment) Determination 2017.\n\n \n\n## 2        Commencement\n\n \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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered on the Federal Register of Legislation.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \n\n## 3        Authority\n\n## This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n \n\n## 4        Definitions\n\n## In this instrument:\n\n## Act means the Social Security Act 1991.\n\n## Victorian industry transition assistance payment means a one-off ex-gratia lump sum payment made by the Victorian Taxi Services Commission to an entity that:\n\n## (a)    has been registered with the Commission as a taxi or hire car licence holder continuously from the 15 August 2016, and\n\n## (b)    is registered with the Commission as a taxi or hire car licence holder at the time of payment.\n\n## Where an entity holds more than four taxi or hire car licences, the payment will be in respect of the four highest value licences.\n\n \n\n## 5        Exempt Lump Sum\n\n## For the purposes of paragraph 8(11)(d) of the Act, the gross amount of a Victorian industry transition assistance payment is an exempt lump sum.\n\n \n\n \n","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument has a narrow, specific purpose consistent with its title and enabling provision. It does exactly what it says: exempt one specific Victorian payment from Centrelink means testing. There is no scope creep or expansion beyond the original intent."},"complexity_factors":["Very short instrument (5 sections, approximately 1 page)","Only 2 defined terms ('Act' and 'Victorian industry transition assistance payment')","Single operative provision (section 5) with no conditional logic or exceptions","No cross-references to other legislation beyond the empowering provision (paragraph 8(11)(d) of the Social Security Act 1991)","Straightforward factual criteria for eligibility (continuous registration from specific date, current registration at time of payment)"],"plain_english_summary":"This instrument excludes the 2017 Victorian Industry Transition Assistance ex‑gratia payments from Centrelink income and assets tests. It protects eligible Victorian taxi and hire‑car licence holders who received that one‑off transitional payment from having their social security or pension reduced or cancelled due to that lump sum, ensuring the assistance doesn’t count against their benefits."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument applies the existing exemption power in paragraph 8(11)(d) of the Social Security Act to a specific Victorian industry payment; it declares that payment exempt for means‑testing purposes and does not expand the statutory power or purport to cover other payments (s3, s5)."},"complexity_factors":["Very narrow subject‑matter: applies only to a single named payment (Victorian industry transition assistance payment) (s4–5).","Uses exercise of a delegated statutory power under paragraph 8(11)(d) of the Social Security Act (authority stated at s3).","Eligibility depends on administrative registration facts (continuous registration from 15 Aug 2016 and registered at time of payment), so verification relies on agency records (s4).","Includes a specific cap rule for entities holding more than four licences (payment in respect of four highest value licences) (s4).","Direct interaction with social security means‑testing machinery by declaring the gross amount an exempt lump sum (s5).","Simple commencement mechanism (instrument operates from day after registration) and no additional procedural or enforcement rules in the text (s2).","Limited potential for interpretive edge cases (e.g. defining 'entity' or licence valuation) but no complex statutory drafting or cross‑referencing."],"plain_english_summary":"This determination treats a one‑off ex gratia payment made by the Victorian Taxi Services Commission to eligible taxi or hire‑car licence holders (continuous registration from 15 August 2016; capped at four licences) as an exempt lump sum for social security purposes (ss4–5).\n\nMade under the delegate’s power in s8(11)(d) of the Social Security Act, it mechanically prevents that gross payment being counted in means tests, changing how recipients’ income is assessed without altering who must pay the assistance (s3, s5)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017","history":"/api/acts/social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017/history","analysis":"/api/acts/social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-victorian-industry-transition-assistance-payment-determination-2017/documents"}}