Commonwealth legislation

Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010

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This Act has been repealed and is no longer in force. It is retained for historical reference.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 rule ensures that compensation payments made to survivors of child sexual abuse who were in South Australian State care don't reduce their Centrelink benefits.

Who it affects

People who received payments from the South Australian government for abuse suffered as children while in State care. Specifically:

Main payment: Up to $50,000 paid by the SA Attorney-General from the Victims of Crime Fund
Legal costs: Up to $750 to cover legal advice for signing settlement documents

Why it matters

Normally, receiving a lump sum of money can affect your social security benefits (like the pension or JobSeeker) because it might be counted as income or assets. This determination classifies these specific abuse compensation payments as "exempt lump sums" — meaning Centrelink ignores them when calculating your payments.

Key point

This protection applies regardless of when the payment was made (before or after this rule started).

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Current sections

Direct links to the current provisions in Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010.

Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010

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Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010

Social Security Act 1991

I, DAVID PATTIE, Branch Manager, Income Support Programs Branch, Department of Education, Employment and Workplace Relations, make this Determination under paragraph 8 (11) (d) of the Social Security Act 1991.

Dated 17 December 2010

DAVID PATTIE

Assistant Secretary, Income Support Programs Branch
Department of Education, Employment and Workplace Relations

Do not delete : Part Placeholder

Do not delete : Division Placeholder

1 Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010.

2 Commencement

This Determination commences on the day after it is registered.

3 Application

This Determination applies to an ex gratia payment made before, on or after the commencement of this Determination.

4 Definition

In this Determination:

ex gratia payment means a payment:

(a) of up to $50 000 made by the South Australian Attorney-General under the Victims of Crime Act 2001 (SA) from the Victims of Crime Fund set up under that Act to individuals who have suffered sexual abuse as children while in State care; or

(b) a payment of up to $750 made from the same Fund for the payment of legal fees incurred in obtaining legal advice for the purposes of signing a Deed of Settlement and Release in relation to a payment mentioned in paragraph (a).

5 Exempt lump sum

For paragraph 8 (11) (d) of the Social Security Act 1991, an ex gratia 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) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010

Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010

Social Security Act 1991

Dated 17 December 2010

DAVID PATTIE

Assistant Secretary, Income Support Programs Branch
Department of Education, Employment and Workplace Relations

Do not delete : Part Placeholder

Do not delete : Division Placeholder

1 Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (DEEWR) Determination 2010.

2 Commencement

This Determination commences on the day after it is registered.

3 Application

This Determination applies to an ex gratia payment made before, on or after the commencement of this Determination.

4 Definition

In this Determination:

ex gratia payment means a payment:

5 Exempt lump sum

For paragraph 8 (11) (d) of the Social Security Act 1991, an ex gratia payment is an exempt lump sum.