Commonwealth legislation

Social Security Exempt Lump Sum Determination No. 1 of 1998

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

Plain English Summary

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This determination ensures that re-establishment grants paid to farmers under the federal Restart scheme do not count as income when Centrelink calculates their social security benefits.

What this means: Normally, if you receive a lump sum payment, Centrelink treats it as income and may reduce your pension or allowance accordingly. This instrument specifically "exempts" re-establishment grants—meaning they are completely ignored for income testing purposes under the Social Security Act 1991.

Who is affected: Farmers who receive re-establishment grants paid on or after 1 July 1998 under the Farm Household Support Act 1992.

Why this matters: Without this exemption, farmers receiving these grants to help re-establish their operations after hardship could see their Age Pension, Disability Support Pension, or unemployment benefits reduced or cut off. This determination protects those payments by ensuring the grant money doesn't trigger income tests.

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Current sections

Direct links to the current provisions in Social Security Exempt Lump Sum Determination No. 1 of 1998.

Social Security Exempt Lump Sum Determination No. 1 of 1998

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Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum Determination No. 1 of 1998

I, David Marcus Rosalky, Secretary to the Department of Social Security, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 3 September 1998.

David Rosalky

Secretary to the Department of Social Security

Part 1 Preliminary

1.1 Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 1 of 1998.

1.2 Commencement

This determination commences on the day on which it is signed.

1.3 Definition

In this determination:

Act means the Social Security Act 1991.

Part 2 Exempt Lump Sums

2.1 Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.

(2) Section 52A of the Farm Household Support Act 1992 provides for the Restart re-establishment grant scheme and for payment of a grant known as a re-establishment grant.

2.2 Application—Exempt Lump Sums

It is appropriate to determine that an amount, or class of amounts, paid to a person, on or after 1 July 1998, and known as a re-establishment grant is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act.

Source text

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

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 meta-generator: Aspose.Words for .NET 20.2 title: Foreign Currency Determination No 6

?xml version="1.0" encoding="utf-8" standalone="no"?>

Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum Determination No. 1 of 1998

I, David Marcus Rosalky, Secretary to the Department of Social Security, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 3 September 1998.

David Rosalky

Secretary to the Department of Social Security

Part 1 Preliminary

1.1 Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 1 of 1998.

1.2 Commencement

This determination commences on the day on which it is signed.

1.3 Definition

In this determination:

Act means the Social Security Act 1991.

Part 2 Exempt Lump Sums

2.1 Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.

(2) Section 52A of the Farm Household Support Act 1992 provides for the Restart re-establishment grant scheme and for payment of a grant known as a re-establishment grant.

2.2 Application—Exempt Lump Sums