1Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024

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Commonwealth Coat of Arms of Australia

 

Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024

 

 

 

I, Gillian Beer, delegate of the Secretary of the Department of Social Services, make the following Determination.

Dated 20 June 2024   

 

Gillian Beer

Branch Manager, Payment Structures and Seniors Branch

Delegate of the Secretary of the Department of Social Services

 

 

 

 

 

 

 

 

 

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Exempt lump sum

 

1  Name

  This instrument is the Social Security (Exempt Lump Sum – Settlement of Per- and Poly-fluoroalkyl Class Actions) Determination 2024.

2  Commencement

  This instrument commences on 6 May 2024.

3  Authority

  This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.

4  Definitions

  In this instrument:

Act means the Social Security Act 1991.

Settlement Payment means:

(a)    a payment made pursuant to the class action settlement approved by the Federal Court on 25 August 2023 in Haswell v Commonwealth of Australia (No. 3) [2023] FCA 1093, in relation to property value diminution; or

(b)    a payment made pursuant to the class action settlement approved by the Federal Court on 19 June 2023 in Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660, in relation to:

(i)      cultural loss; or

(ii)   ordinary loss of the use of land.

5  Exempt lump sum

  For the purposes of paragraph 8(11)(d) of the Act, the amount of a Settlement Payment is an exempt lump sum.