Commonwealth legislation

Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019

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Commonwealth

Collection

legislative instrument

Plain English Summary

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This Determination makes certain one‑off disability sporting grants an “exempt lump sum” under the Social Security Act 1991 when the recipient is also receiving the disability support pension on the same day. Mechanically, the grant is excluded for the purposes of the Act. It applies only to grants paid by the Australian Sports Commission or by the APC, CGA or an NSO using ASC funds, and was made by the Secretary’s Delegate under paragraph 8(11)(d). The practical effect is that eligible recipients can accept these grants without those amounts being counted under the Act.

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Current sections

Direct links to the current provisions in Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019.

Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019

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Commonwealth Coat of Arms of Australia

Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019

I, MARY MCLARTY, Delegate of the Secretary of the Department of Social Services, make the following Determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 19 July 2019

MARY MCLARTY

Delegate of the Secretary of the Department of Social Services

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules.............................................2

6 Exempt lump sum

Schedule 1—Repeals 3

Social Security Exempt Lump Sum (Disability Sporting Grants) (FaHCSIA) Determination 2009. 3

1 Name

This instrument is the Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019.

2 Commencement

This instrument commences on the day after registration.

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.

APC means the Australian Paralympic Committee.

ASC means the Australian Sports Commission.

athlete support means financial support for a person to prepare for a major sporting event or events.

CGA means Commonwealth Games Australia.

disability sporting grant means a one-off payment to a person with a disability, for the purpose of athlete support, where that payment is made by:

(a) the ASC; or

(b) the APC, CGA, or an NSO, using funds provided by the ASC.

disability support pension is a payment made under Part 2.3 of the Act.

NSO means an Australian national sporting organisation, including a national sporting organisation for people with a disability, recognised by the ASC.

receive has the same meaning as in section 23 of the Act.

5 Schedules

Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6 Exempt Lump Sums

If a person receives a disability sporting grant on a day in relation to which the person is also receiving a disability support pension, the amount of that disability sporting grant is an exempt lump sum, in respect of the person, for the purposes of the Act.

Schedule 1—Repeals

Social Security Exempt Lump Sum (Disability Sporting Grants) (FaHCSIA) Determination 2009

1 The whole of the instrument

Repeal the instrument

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

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Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019

I, MARY MCLARTY, Delegate of the Secretary of the Department of Social Services, make the following Determination under paragraph 8(11)(d) of the Social Security Act 1991.

Dated 19 July 2019

MARY MCLARTY

Delegate of the Secretary of the Department of Social Services

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules.............................................2

6 Exempt lump sum

Schedule 1—Repeals 3

Social Security Exempt Lump Sum (Disability Sporting Grants) (FaHCSIA) Determination 2009. 3

1 Name

This instrument is the Social Security (Exempt Lump Sums - Disability Sporting Grants) Determination 2019.

2 Commencement

This instrument commences on the day after registration.

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.

APC means the Australian Paralympic Committee.

ASC means the Australian Sports Commission.

athlete support means financial support for a person to prepare for a major sporting event or events.

CGA means Commonwealth Games Australia.

disability sporting grant means a one-off payment to a person with a disability, for the purpose of athlete support, where that payment is made by:

(a) the ASC; or

(b) the APC, CGA, or an NSO, using funds provided by the ASC.

disability support pension is a payment made under Part 2.3 of the Act.

NSO means an Australian national sporting organisation, including a national sporting organisation for people with a disability, recognised by the ASC.

receive has the same meaning as in section 23 of the Act.