{"id":"F2019L00442","name":"Social Security (Exempt Lump Sums – Payments to Former British Child Migrants) Determination 2019","slug":"social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99042,"registerId":"commonwealth-F2019L00442-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 – Payments to Former British Child Migrants) Determination 2019.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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

The day after this instrument is made

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.","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 Act means the Social Security Act 1991.\n Former British Child Migrant Payment means any payment of no more than £20,000GBP (or equivalent amount in Australian currency as calculated in accordance with the Social Security (Foreign Currency Exchange Rate) Determination 2017) made on or after 1 March 2019 by The Government of the United Kingdom under the Ex-Gratia Payment Scheme for Former British Child Migrants to, a person who was alive on 1 March 2018, and was determined under that scheme to be an entitled former child migrant, or that person’s beneficiary.\n\n 5 Exempt Lump Sum\n For the purposes of paragraph 8(11)(d) of the Act, the amount of a Former British Child Migrant Payment is an exempt lump sum.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function described in its title and enabling provision. It creates a specific exemption for a specific payment scheme without expanding into broader policy areas."},"complexity_factors":["Extremely short instrument — only 5 sections","Single defined term ('Former British Child Migrant Payment') with clear parameters","No cross-references to other legislation beyond the enabling provision (paragraph 8(11)(d) of the Social Security Act 1991)","No conditional logic, exceptions, or nested provisions","Straightforward operative provision — one sentence declaring the exemption","Standard commencement table using standard legislative template"],"plain_english_summary":"This law ensures one‑off ex‑gratia payments (up to £20,000) from the UK to former British child migrants are ignored for Australian pension income and assets tests. It protects people sent to Australia under historic UK child‑migration schemes who began receiving such payments on or after 1 March 2019, so the compensation won’t be clawed back through reduced or cancelled pension benefits."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand the Social Security Act generally; it narrowly declares a defined category of UK payments (subject to date, eligibility and a £20,000 cap) to be exempt lump sums for the purposes of paragraph 8(11)(d). It therefore preserves the Act’s existing framework while specifying treatment for this particular set of foreign payments."},"complexity_factors":["Very narrow scope: single policy decision to declare a specified class of foreign payments as exempt lump sums.","Cross‑legislation references: relies on paragraph 8(11)(d) of the Social Security Act 1991 (authority) and the Social Security (Foreign Currency Exchange Rate) Determination 2017 (exchange rate calculation).","Dependency on a foreign administrative determination: identification of eligible recipients requires relying on UK Ex‑Gratia Scheme determinations.","Temporal and eligibility conditions: payments must be made on or after 1 March 2019 and the recipient must have been alive on 1 March 2018, which adds verification steps.","Monetary cap: capped at £20,000 (or equivalent), introducing a concrete numeric threshold to apply.","Low legislative volume and limited discretion: single operative clause reduces interpretive complexity but shifts implementation to administrative verification processes."],"plain_english_summary":"This instrument says payments made by the UK Government under its Ex‑Gratia Payment Scheme for Former British Child Migrants (up to £20,000) are to be treated as exempt lump sums under the Social Security Act. It affects recipients of those UK payments and Australian social security decision‑makers, because those lump sums will not be counted as assets or income when assessing Australian social security entitlements; eligibility and currency conversion follow the UK determination and the Social Security (Foreign Currency Exchange Rate) Determination 2017."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019","history":"/api/acts/social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019/history","analysis":"/api/acts/social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019/analysis","conflicts":"/api/acts/social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019/important-cases","documents":"/api/acts/social-security-exempt-lump-sums-payments-to-former-british-child-migrants-determination-2019/documents"}}