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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this does: This rule stops a specific one-off government payment from affecting your Centrelink benefits.
Who it affects: People who received an Employment Assistance Payment as part of the Great Barrier Reef Marine Park Structural Adjustment Package (financial help for workers affected by changes to the reef park) while also receiving a Centrelink payment.
Why it matters: Normally, lump sums count as income or assets when Centrelink calculates your pension or allowance. This determination says Centrelink must completely ignore this specific Great Barrier Reef assistance payment when doing their means test (the financial check to see if you qualify for benefits or how much you get).
Key condition: You must have been receiving a social security payment at the time you received the Employment Assistance Payment for this exemption to apply.
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Direct links to the current provisions in Social Security Exempt Lump Sum Determination No. 6 of 2004 (FACS).
Determination No. 6 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 22 September 2004.
Alex Dolan
Assistant Secretary, Seniors and Means Test Branch
1 Name of determination
This determination is the Social Security Exempt Lump Sum Determination No. 6 of 2004.
2 Commencement
This determination commences on the date that it is signed.
3 Interpretation
In this determination:
Act means the Social Security Act 1991.
Employment Assistance Payment means a payment under the Employee Assistance component of the Great Barrier Reef Marine Park Structural Adjustment Package.
social security payment has the same meaning as in the Social Security Act 1991.
Part 2 Exempt Lump Sums
(1) Paragraph 8(11)(d) of the Act provides that the Secretary may determine than an amount or class of amounts received by a person is an exempt lump sum.
(2) If an eligible person:
(a) has received an Employment Assistance Payment; and
(b) is in receipt of a social security payment;
then any amount received by the person, as an Employment Assistance Payment, is an exempt lump sum.
An amount received by a person referred to in subsection 4(2) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Determination No. 6 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 22 September 2004.
Alex Dolan
Assistant Secretary, Seniors and Means Test Branch
1 Name of determination
This determination is the Social Security Exempt Lump Sum Determination No. 6 of 2004.
2 Commencement
This determination commences on the date that it is signed.
3 Interpretation
In this determination:
Act means the Social Security Act 1991.
Employment Assistance Payment means a payment under the Employee Assistance component of the Great Barrier Reef Marine Park Structural Adjustment Package.
social security payment has the same meaning as in the Social Security Act 1991.
Part 2 Exempt Lump Sums
(1) Paragraph 8(11)(d) of the Act provides that the Secretary may determine than an amount or class of amounts received by a person is an exempt lump sum.
(2) If an eligible person:
(a) has received an Employment Assistance Payment; and
(b) is in receipt of a social security payment;
then any amount received by the person, as an Employment Assistance Payment, is an exempt lump sum.
An amount received by a person referred to in subsection 4(2) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.