Commonwealth legislation

Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

This determination protects social security payments for people who receive compensation for abuse suffered in the Defence Force.

What it does This law ensures that lump sum payments made under the Defence Abuse Reparation Scheme do not count as income when Centrelink calculates a person's entitlement to social security benefits (such as the Disability Support Pension or JobSeeker Payment).

Who it affects

Current and former Australian Defence Force members who have received reparation payments for abuse
Authorised representatives who receive these payments on behalf of victims
Anyone receiving these payments who also relies on income support

Why it matters Normally, receiving a lump sum of money could reduce or cancel your Centrelink payments. This law prevents that from happening with Defence Abuse Reparation Payments, ensuring victims of abuse don't lose their financial safety net when they receive compensation.

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Current sections

Direct links to the current provisions in Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013.

Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013

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Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013

Social Security Act 1991

I, Mary-Anne Sakkara, General Manager, Tertiary Strategies and Income Support Branch, as a delegate of the Secretary of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, make this Determination under paragraph 8 (11) (d) of the Social Security Act 1991.

Dated 20 June 2013

Mary-Anne Sakkara

General Manager, Tertiary Strategies and Income Support Branch
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

1 Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013.

2 Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definitions

(1) Defence Abuse Reparation Payment means a payment made to a person, or to an authorised representative on behalf of a person, by the Department of Defence under the Defence Abuse Reparation Scheme.

4 Exempt lump sum

For paragraph 8(11)(d) of the Social Security Act 1991, a Defence Abuse Reparation Payment is an exempt lump sum.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013

Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013

Social Security Act 1991

Dated 20 June 2013

Mary-Anne Sakkara

General Manager, Tertiary Strategies and Income Support Branch
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

1 Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Defence Abuse Reparation Scheme) (DIICCSRTE) Determination 2013.

2 Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definitions

4 Exempt lump sum

For paragraph 8(11)(d) of the Social Security Act 1991, a Defence Abuse Reparation Payment is an exempt lump sum.