Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010 (Cth)
Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010
Social Security (Administration) Act 1999
I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, acting under subsection 123UGA(2) of the Social Security (Administration) Act 1999 and on behalf of the Minister for Education and the Minister for Employment and Workplace Relations, make these Principles.
Dated 29th July 2010
J Macklin
Minister for Families, Housing, Community Services and Indigenous Affairs
Part 1 Preliminary
Name of Principles
These Principles are the Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010.
Commencement
These Principles commence on 9 August 2010.
Interpretation
In these Principles:
Act means the Social Security (Administration) Act 1999.
earned, derived or received has the meaning given by subsection 8(2) of the Social Security Act.
income has the meaning given by subsection 8(1) of the Social Security Act.
indicator of vulnerability has the meaning given by subsection (2).
relevant priority needs, in relation to a person (the first person), means:
(a)the priority needs of the first person; and
(b)the priority needs of each specified dependant of the person.
Social Security Act means the Social Security Act 1991.
specified dependant, in relation to a person (the first person), means any of the following persons:
(a) a child of the first person;
(b) the first person’s partner;
(c) any other dependant of the first person.
Note 1: For priority needs, see section 123TH of the Act.
For the purposes of these Principles, each of the following circumstances is an indicator of vulnerability:
(a)financial exploitation;
(b)financial hardship;
(c)failure to undertake reasonable self-care;
(d)homelessness or risk of homelessness.
For the purposes of these Principles, a person (the first person) is experiencing financial exploitation if another person, or an entity (whether or not it has legal personality):
(a)has acquired; or
(b)has attempted to acquire; or
(c)is attempting to acquire;
possession of, control of or the use of, or an interest in, some or all of the first person’s financial resources, through the use of undue pressure, harassment, violence, abuse, deception, duress, fraud or exploitation.
For the purposes of these Principles, a person is experiencing financial hardship if:
(a)the person is unable, due to a lack of financial resources, to obtain goods or services, or to access or engage in activities, to meet his or her relevant priority needs; and
(b)the lack of financial resources mentioned in paragraph (a) is not solely attributable to the amount of income earned, derived or received by the person.
For the purposes of these Principles, a person is experiencing homelessness or risk of homelessness if the person:
(a)does not have access to safe, secure and adequate housing; or
(b)does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access; or
(c)is using, or is at risk of needing to access, emergency accommodation or a refuge.
Purpose
Part 2 of these Principles sets out decision-making principles that the Secretary must comply with in making a determination, under subsection 123UGA(1) of the Act, that a person is a vulnerable welfare payment recipient for the purposes of Part 3B of the Act.
Part 3 of these Principles sets out decision-making principles that the Secretary must comply with in deciding whether to vary or revoke a determination made about a person under subsection 123UGA(1) of the Act.
Part 2 Decision-Making Principles – determination that a person is a vulnerable welfare payment recipient
Decision-making Principles ― determination
Subject to subsections (2), (3) and (4), in making a determination under subsection 123UGA(1) of the Act about a person, the Secretary must consider whether:
(a)the person is experiencing an indicator of vulnerability; and
(b)whether the person is applying appropriate resources to meet some or all of the person’s relevant priority needs; and
(c)if the person is experiencing an indicator of vulnerability ― whether income management under section 123UCA of the Act is an appropriate response to that indicator of vulnerability; and
(d)whether income management under section 123UCA of the Act will assist the person to apply appropriate resources to meet some or all of the person’s relevant priority needs.
Note: For relevant priority needs ― see subsection 3(1).
If the Secretary is satisfied that the person is not experiencing an indicator of vulnerability, the Secretary is not required to consider the matters mentioned in paragraphs (1)(b), (c) and (d).
If the Secretary is satisfied that the person is applying appropriate resources to meet the person’s relevant priority needs, the Secretary is not required to consider the matters mentioned in paragraphs (1)(c) and (d).
For paragraphs (1)(c) and (d), in considering whether income management under section 123UCA of the Act is an appropriate response and will assist the person to meet some or all of his or her relevant priority needs the Secretary must have regard to the following matters:
(a)all the relevant personal circumstances of the person;
(b)any services (however described) that are available, or that can be made available, to the person.
Subsection (4) does not prevent the Secretary from having regard to matters other than the matters mentioned in that subsection.
Part 3 Decision-Making Principles – decision to vary or revoke vulnerable welfare payment recipient determination
Definition — Part 3
In this Part:
current determination means the determination that is in force, in relation to a person, under subsection 123UGA(1) of the Act.
Decision-making Principles – variation or revocation of current determination
Subject to subsections (2), (3) and (4), in making a determination under subsection 123UGA(5) of the Act about a person, the Secretary must consider whether:
(a)whether the person is experiencing an indicator of vulnerability; and
(b)whether the person is likely to experience an indicator of vulnerability if the current determination is varied or revoked (as applicable); and
(c)whether, during the period in which the current determination has been in force, income management under section 123UCA of the Act has assisted the person to apply appropriate resources to meet some or all of the person’s relevant priority needs; and
(d)whether, if the current determination is varied or revoked (as applicable), the person is likely to not apply appropriate resources to meet some or all of the person’s relevant priority needs; and
(e)if the person is experiencing an indicator of vulnerability, or is likely to experience an indicator of vulnerability if the current determination is varied or revoked ― whether income management under section 123UCA of the Act is an appropriate response to that indicator of vulnerability; and
(f)whether income management under section 123UCA of the Act will assist the person to apply appropriate resources to meet some or all of the person’s relevant priority needs.
Note: For relevant priority needs ― see section 3.
If the Secretary is satisfied that the person is not experiencing an indicator of vulnerability, and is not likely to experience an indicator of vulnerability if the current determination is varied or revoked (as applicable), the Secretary is not required to consider the matters mentioned in paragraphs (1)(c) to (f).
If the Secretary is satisfied that, if the current determination is varied or revoked (as applicable), the person is likely to apply appropriate resources to meet some or all of the person’s relevant priority needs, the Secretary is not required to consider the matters mentioned in paragraphs (1)(e) and (f).
For paragraphs (1)(e) and (f), in considering whether income management under section 123UCA of the Act is an appropriate response and will assist the person to meet some or all of his or her relevant priority needs, the Secretary must have regard to the following matters:
(a)all the relevant personal circumstances of the person;
(b)any changes that have occurred to the person’s personal circumstances during the period in which the current determination has been in force in relation to the person;
(c)the likely impact on the person, and on any specified dependant of the person, of the proposed variation to the current determination or the revocation of the current determination (as applicable);
(d)any services (however described) that are available, or that can be made available, to the person.
Subsection (4) does not prevent the Secretary from having regard to matters other than the matters mentioned in that subsection.
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