Commonwealth legislation

Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (FaHCSIA) 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This Act has been repealed and is no longer in force. It is retained for historical reference.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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This instrument declares certain South Australian ex‑gratia payments to former State care residents who suffered childhood sexual abuse — up to $50,000 in compensation plus up to $750 for legal advice — to be exempt lump sums under the Social Security Act.

That means these payments aren’t counted as income or assets for Centrelink, so recipients won’t lose or have delayed social security entitlements; it applies regardless of when the payment was made.

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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) (FaHCSIA) Determination 2010.

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

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

Social Security Act 1991

I, FIONA SAWYERS, Acting Branch Manager, Seniors and Means Test Branch, Department of Families, Housing, Community Services and Indigenous Affairs, make this Determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated this 20th day of December 2010

Fiona Sawyers

Acting Branch Manager, Seniors and Means Test Branch

1 Name of Determination

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

(b) 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 the deed of Settlement and Release in relation to a payment mentioned in paragraph (a).

5 Exempt Lump Sums

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.

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

Social Security Act 1991

Dated this 20th day of December 2010

Fiona Sawyers

Acting Branch Manager, Seniors and Means Test Branch

1 Name of Determination

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

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