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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.