5. Determination5. Determination

5. Determination

This determination is made in accordance with paragraph 82-130(7) of the ITAA 1997.

Paragraph 82-130(1)(b) of the ITAA 1997 does not apply to a late termination payment if:

(a) the person whose employment was terminated was a member of a redundancy trust and an application for the payment was lodged with the trustee of the redundancy trust within 12 months of the person becoming entitled to the payment under the terms of the trust deed of the redundancy trust; and

(b) the payment was made by the trustee of the redundancy trust:

(i) as soon as practicable after receipt of the application for payment; or

(ii) no later than 2 years after the termination of the person's employment that led to the entitlement;

whichever occurs earlier.