Commonwealth legislation

Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

1/10 complexity

The short version: If you received a payout from the thalidomide class action in 2014, Centrelink can't count it when assessing your pension or benefits.

Why this matters: Thalidomide was the notorious morning sickness drug from the 1960s that caused severe birth defects. In 2014, survivors in Australia and New Zealand finally received compensation through a Victorian Supreme Court settlement. Without this Determination, those lump sums could have bumped people off their Disability Support Pensions or reduced their payments — effectively clawing back the compensation via reduced social security.

The technical bit: Under the Social Security Act, most lump sums count as income or assets for means testing (which determines if you get a pension and how much). This instrument declares these specific thalidomide payments to be an 'exempt lump sum' under paragraph 8(11)(d), meaning they're completely quarantined from Centrelink's calculations.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014.

Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014

View image in the official source

Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014

Social Security Act 1991

I, Ian Joyce, A/g Branch Manager, Seniors and Means Test Branch, as a delegate of the Secretary of the Department of Social Services, make this Determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated: 27 February 2014

Ian Joyce

A/g Branch Manager, Seniors and Means Test Branch
Department of Social Services

Do not delete : Part Placeholder

Do not delete : Division Placeholder

1 Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014.

2 Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definitions

Thalidomide Class Action Payment means a lump sum payment made pursuant to the settlement of a class action by persons in Australia and New Zealand who suffered thalidomide-caused injuries that was approved by the Victorian Supreme Court on 7 February 2014.

4 Exempt lump sum

For paragraph 8(11)(d) of the Social Security Act 1991, a Thalidomide Class Action 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) (Thalidomide Class Action Payment) Determination 2014

Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014

Social Security Act 1991

Dated: 27 February 2014

Ian Joyce

A/g Branch Manager, Seniors and Means Test Branch
Department of Social Services

Do not delete : Part Placeholder

Do not delete : Division Placeholder

1 Name of Determination

This Determination is the Social Security (Exempt Lump Sum) (Thalidomide Class Action Payment) Determination 2014.

2 Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definitions

4 Exempt lump sum

For paragraph 8(11)(d) of the Social Security Act 1991, a Thalidomide Class Action Payment is an exempt lump sum.