Social Security (Exempt Lump Sums – Payments Compensatory in Nature for Non-Economic Loss) Determination 2017
10Payments relating to personal injuries etc.
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10 Payments relating to personal injuries etc.
(1) Subject to subsection (2) of this section and for the purposes of section 5, this section covers a payment, made in Australia, that: (a) relates to: (i) a personal injury, disease or condition; or (ii) a medical procedure; and (b) is: (i) a payment of damages; or (ii) a payment under an insurance or compensation scheme set out under a law of the Commonwealth, or a State or a Territory, including a payment made under a contract entered into under such a scheme; or (iii) the settlement of a claim for damages (whether or not accompanied by an admission of liability); or (iv) a payment in the nature of compensation or damages. (2) Subsection (1) does not cover the following payments (however described in a relevant policy document); (a) an income protection payment; (b) a total and permanent disability or incapacity payment; (c) a total and temporary disability payment; (d) a permanent and partial disability payment; that are paid as a lump sum under: (e) a sickness or accident insurance policy; or (f) a group insurance policy arranged by the trustees of a superannuation fund.