Exempt Lump Sum Determinations – DSS/Other

What are section 8(11) exemptions?

Under Section 8(11) of the Social Security Act 1991 (SSA) a determination may be made which allows the Secretary of the Department of Social Services (DSS) (or their delegate) to exempt certain lump sums for social security income test purposes. This exemption applies to specific lump sums where the Secretary (or their delegate) of DSS has signed the appropriate instrument and allows DVA to also exempt these lump sums under Section 5H(12A) of the VEA.

An amount is an exempt lump sum under section 8(11) if the following apply:

  • the amount is not a periodic amount
  • the amount is not a leave payment
  • the amount is not income from remunerative work undertaken by the person, and
  • the amount is an amount, or class of amounts, determined by the Secretary to be an exempt lump sum.

For further information and the List of lump sum determinations that have been specifically exempted under section 8(11) of the SSA please refer to relevant page in the Guide to Social Security Law.

If a Delegate has any queries regarding Lump Sum Determinations or if a Lump Sum received is not on this list, please send an email to PAIS@dva.gov.au