Commonwealth legislation

Social Security Exempt Lump Sum Determination No. 2 of 2004 (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This Act has been repealed and is no longer in force. It is retained for historical reference.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

2/10 complexity

This rule directs Centrelink to ignore lump-sum arrears paid by foreign social security systems when testing income for Australian benefits. It affects Australians (and their partners) on pensions or other social security who receive back-payments from overseas governments, preventing those delayed foreign payments from unfairly reducing or cancelling their Australian benefits.

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Current sections

Direct links to the current provisions in Social Security Exempt Lump Sum Determination No. 2 of 2004 (FACS).

Social Security Exempt Lump Sum Determination No. 2 of 2004 (FACS)

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Commonwealth of Australia

Social Security Act 1991

Social Security Exempt Lump Sum Determination No. 2 of 2004

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

Dated 4 June 2004.

Alex Dolan

Assistant Secretary, Seniors and Means Test Branch

Part 1 Preliminary

1 Name of determination

This determination is the Social Security Exempt Lump Sum Determination No. 2 of 2004.

2 Commencement

This determination commences on 1 July 2004.

3 Interpretation

In this determination:

Act means the Social Security Act 1991;

comparable foreign payment has the same meaning as under the Act.

Part 2 Exempt Lump Sums

4 Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act provides that the Secretary may determine that an amount or class of amounts paid to a person, is an exempt lump sum.

(2) If section 1228A of the Act applies to a person, then any amount paid to the person, or to the person’s partner if the person is a member of a couple, by way of a payment of arrears of a comparable foreign payment, is an exempt lump sum.

Source text

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