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.