Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 54.55

Requirements of the instrument under which the lump sum is paid

    The instrument under which the * personal injury lump sum is paid must:

  (a)   identify the * structured settlement or * structured order under which the lump sum is provided; and

  (b)   only allow for the payment of the lump sum to be made to:

  (i)   the * injured person; or

  (ii)   a trustee of a trust of which the injured person is the beneficiary; and

  (c)   contain a statement to the effect that the right to receive the lump sum cannot be assigned, and cannot be commuted or otherwise cashed - out early.

Note:   Division   2A of Part   10 of the Life Insurance Act 1995 makes a purported assignment or commutation (or cashing - out) that is contrary to paragraph   (c) ineffective.



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