Commonwealth legislation

Social Security Exempt Lump Sum Determination No. 2 of 2000 (FACS)

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

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What this does

This determination protects dairy farmers who receive government exit payments when leaving the industry. It ensures these payments don't count against their social security benefits (like the Age Pension or unemployment benefits).

Who it affects

Dairy farmers receiving "dairy exit payments" under the DEP scheme (Dairy Exit Payment scheme established under the Farm Household Support Act 1992)
Social security recipients who might otherwise have their benefits reduced by these lump sums

How it works

Normally, large lump sums can reduce or cancel your pension or benefit for a period under the "income test" (the rules that look at how much money you have coming in). This instrument classifies dairy exit payments as "exempt lump sums" — meaning Centrelink must ignore this money when calculating your entitlements.

When it applies

To any dairy exit payments received on or after 1 July 2000.

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Current sections

Direct links to the current provisions in Social Security Exempt Lump Sum Determination No. 2 of 2000 (FACS).

Social Security Exempt Lump Sum Determination No. 2 of 2000 (FACS)

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Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum Determination No. 2 of 2000

I, Glenys McIver, Acting Assistant Secretary, Seniors and Means Test Branch and a delegate of the Secretary to the Department of Family and Community Services, make this determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 25 May 2000.

Glenys McIver

Acting Assistant Secretary, Seniors and Means Test Branch

Part 1 Preliminary

1.1 Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 2 of 2000.

1.2 Commencement

This determination commences on 1 July 2000.

1.3 Definition

In this determination:

Act means the Social Security Act 1991.

Dairy exit payment means the grant of financial assistance payable under the DEP scheme.

DEP scheme means the scheme established under section 52C of the Farm Household Support Act 1992.

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 52C of the Farm Household Support Act 1992 provides for the DEP scheme and for payment of a grant of financial assistance known as a dairy exit payment.

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 2000, and known as a dairy exit payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from 1 July 2000.

Source text

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