{"id":"F2019L01440","name":"Social Security (Exempt Lump Sums – MH17 Family Support Package) Determination 2019","slug":"social-security-exempt-lump-sums-mh17-family-support-package-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100273,"registerId":"commonwealth-F2019L01440-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Social Security (Exempt Lump Sums – MH17 Family Support Package) Determination 2019.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after registration.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> exempt lump sum has the meaning given in subsection 8(11) of the Social Security Act 1991.\n\n> MH17 Family Support Package means the financial assistance provided by the Australian Government to assist with travel expenses for the following people to observe or participate in the Dutch national prosecution relating to the downing of Malaysia Airlines flight MH17:\n\n> (a) next of kin of Australians on that flight;\n\n> (b) nominated support persons of persons mentioned in paragraph (a).\n\n> relevant amount means, in relation to a person, an amount received by the person from the Australian Government under the MH17 Family Support Package.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exempt lump sums","content":"#### 5 Exempt lump sums\n\n  For paragraph 8(11)(d) of the Social Security Act 1991, all relevant amounts constitute a class of amounts that are exempt lump sums.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was created specifically to exempt MH17 Family Support Package payments from social security means testing, and it does exactly that without expansion into other areas."},"complexity_factors":["Extremely short instrument: only 5 sections spanning approximately 250 words","Only 3 defined terms, all straightforward and self-explanatory","Single operative provision (section 5) with no conditions, exceptions, or nested logic","No cross-references beyond the enabling provision (paragraph 8(11)(d) of the Social Security Act 1991)","No temporal limitations, means testing, or administrative requirements","Purpose-built for a specific, narrow circumstance with no broader application"],"plain_english_summary":"This law ensures Australian Government travel payments for next of kin and nominated support persons to attend the MH17 criminal trial in the Netherlands are not counted as income or assets for Centrelink/social security. It protects bereaved families’ pensions and benefits from being reduced or cancelled because they accepted government support to participate in the justice process."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument applies a narrowly defined exemption to payments under the MH17 Family Support Package and does not alter the Social Security Act’s general scope. It exercises the specific power in paragraph 8(11)(d) to declare a class of amounts exempt (s.3 authority; s.5 operative). The change is limited to treatment of those relevant amounts as 'exempt lump sums' and does not expand or curtail other provisions of the Act."},"complexity_factors":["Narrow, single-purpose instrument limited to one class of payments (MH17 Family Support Package).","Operative effect is confined to declaring a class 'exempt lump sums' (single operative clause, s.5).","Relies on an external legal definition and regime: meaning and consequences of 'exempt lump sum' sit in subsection 8(11) of the Social Security Act 1991 (s.4 cross-reference).","Low regulatory discretion: instrument specifies the class; does not create new administrative powers or processes.","Immediate commencement on registration reduces phased implementation complexity (s.2).","Administrative impact depends on existing Social Security Act mechanisms to treat exempt lump sums (implementation risk rests with existing systems)."],"plain_english_summary":"This instrument treats payments made by the Australian Government under the “MH17 Family Support Package” — travel assistance for next of kin and nominated support persons to attend the Dutch MH17 prosecution — as \"exempt lump sums\" for social security purposes (see ss.4–5; authority para 8(11)(d) Social Security Act 1991). Mechanically, those relevant amounts are excluded from the Social Security Act’s lump‑sum tests and therefore won’t be counted where the Act treats \"exempt lump sums\" (s.4–5)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sums-mh17-family-support-package-determination-2019","history":"/api/acts/social-security-exempt-lump-sums-mh17-family-support-package-determination-2019/history","analysis":"/api/acts/social-security-exempt-lump-sums-mh17-family-support-package-determination-2019/analysis","conflicts":"/api/acts/social-security-exempt-lump-sums-mh17-family-support-package-determination-2019/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sums-mh17-family-support-package-determination-2019/important-cases","documents":"/api/acts/social-security-exempt-lump-sums-mh17-family-support-package-determination-2019/documents"}}