Social Security (Assurances of Support) Determination 2004 (Cth)
Social Security (Assurances of Support) Determination 2004
as amended
made under subsection 1061ZZGH(1) of the
Social Security Act 1991
This compilation was prepared on 19 December 2008
taking into account amendments up to Social Security (Assurances of Support) (FaHCSIA) Determination 2007
Prepared by the Public Law Branch,
Department of Families, Housing, Community Services and Indigenous Affairs, Canberra
Contents
Part 1Preliminary 3
Name of Determination 3
Commencement 3
2ATermination 3
Interpretation 3
Purpose of Determination 4
4AApplication 4
Part 2Social security payments 5
Social security payments 5
Part 3Requirements for persons to give assurances of support 6
Application of Part 3 6
Requirements for individuals 6
Requirements for persons other than individuals 6
Part 4Requirements for Secretary to accept assurances of support 8
Division 4.1 Requirements in relation to individuals 8
Application of Division 4.1 8
Definitions for Division 4.1 8
Meeting the income requirement 8
Income requirement — general 9
Income requirement — single person with no dependent children giving discretionary assurance of support 10
Special income requirement — certain discretionary assurances of support 10
Income requirement — joint assurers — general 11
Income requirement — joint assurers giving discretionary assurance of support — single assurer with no dependent children 12
Division 4.2 Requirements in relation to persons other than individuals 13
Application of Division 4.2 13
Requirement for State agencies 13
Requirement for bodies other than State agencies 13
Part 5Value of securities 15
Values of securities required for Secretary’s acceptance of an assurance of support 15
Part 6Effect of accepted assurances 16
Periods for which assurances of support remain in force 16
Notes 17
Part 1 Preliminary
Name of Determination
This Determination is the Social Security (Assurances of Support) Determination 2004.
Commencement
This Determination commences on 1 July 2004.
2A Termination
This Determination ceases to have effect on the earlier of:
(a) the day after registration of an instrument under subsection 1061ZZGH (1) of the Social Security Act 1991 made by any Minister responsible for the Education, Employment and Workplace Relations; portfolio; or
(b) if an instrument mentioned in paragraph (a) is registered before 1 January 2008 — 1 January 2008.
Interpretation
(1) In this Determination:
Act means the Social Security Act 1991.
adult means a person who is 18 years of age or more.
assessment, in relation to taxable income, has the meaning given by subsection 995-1 (1) of the Income Tax Assessment Act 1997.
asset has the meaning given by subsection 11 (1) of the Act.
assurance of support has the meaning given by section 1061ZZGA of the Act.
Australian resident has the meaning given by subsection 7 (2) of the Act.
child means a person who is under 18 years of age.
discretionary assurance of support means an assurance of support in respect of a visa of a kind that may be granted under the Migration Act 1958 in relation to which there is a discretion under that Act to request an assurance of support.
joint assurer means a person who gives an assurance of support jointly with one or more other persons.
primary criteria, in relation to a visa of a particular class, means the primary criteria set out in the relevant Part of Schedule 2 to the Migration Regulations 1994 applicable to that class of visa.
required assurance of support means an assurance of support in respect of a visa of a kind that may be granted under the Migration Act 1958 only if an assurance of support is accepted.
secondary criteria, in relation to a visa of a particular class, means the secondary criteria (if any) set out in the relevant Part of Schedule 2 to the Migration Regulations 1994 applicable to that class of visa.
State includes the Australian Capital Territory and the Northern Territory.
State agency means any of the following:
(a) the Crown in right of a State;
(b) a Minister of a State;
(c) a State Government Department;
(d) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State.
taxable income has the meaning given by section 4‑15 of the Income Tax Assessment Act 1997.
(2) A reference in this Determination to a visa of a particular class is a reference to the visa of that class mentioned in Schedule 1 to the Migration Regulations 1994.
Purpose of Determination
This Determination sets out the things that the Minister is required to specify under section 1061ZZGH of the Act relating to assurances of support, for the provisions of the Act that are specified in column 2 of the table in subsection 1061ZZGH (1) of the Act.
4A Application
This Determination does not apply to matters that are the responsibility of the Minister.
Part 2 Social security payments
Social security payments
For paragraph (b) of the definition of assurance of support in section 1061ZZGA of the Act and for paragraph 1061ZZGG (1) (c) of the Act, the social security payments in the following table are specified:
Item
Social security payment
1 widow allowance under Part 2.8A of the Act 2 benefit PP (partnered) under Part 2.10 of the Act 3 youth allowance under Part 2.11 of the Act 4 austudy payment under Part 2.11A of the Act 5 newstart allowance under Part 2.12 of the Act 6 mature age allowance under Part 2.12A or 2.12B of the Act 7 special benefit under Part 2.15 of the Act 8 partner allowance under Part 2.15A of the Act 9 crisis payment under Part 2.23A of the Act
Part 3 Requirements for persons to give assurances of support
Application of Part 3
For section 1061ZZGB of the Act, this Part specifies the requirements that must be met in relation to a person for the person to be permitted to give an assurance of support.
Requirements for individuals
(1) This section specifies the requirements that must be met in relation to a person who is an individual.
Note Individual means a natural person — see paragraph 22 (1) (aa) of the Acts Interpretation Act 1901.
(2) A person must be:
(a) an adult; and
(b) an Australian resident.
(3) A person may not give an assurance of support in respect of an adult if:
(a) the person has previously given an assurance in respect of 2 adults (whether in a single assurance, or 2 separate assurances) and each assurance remains in force; or
(b) the person has given an assurance in respect of 2 adults (whether in a single assurance, or 2 separate assurances) and the Secretary has not yet accepted or rejected either or both of those assurances.
Note There are no restrictions on the number of children for whom a person may give an assurance of support.
(4) A person may not give an assurance jointly with another person, or persons, in respect of a person if acceptance of the assurance would result in assurances from more than 3 people being in force in respect of the same person.
Requirements for persons other than individuals
(1) This section specifies the requirements that must be met in relation to a person other than an individual (a body).
(2) A body must:
(a) be a State agency; or
(b) for other bodies — meet the following requirements:
(i) if the body is an unincorporated association — have a place of business in Australia, and intend to maintain a place of business in Australia while any assurance of support given by the body remains in force;
(ii) if the body is an incorporated association — be incorporated in Australia (within the meaning of the Corporations Act 2001), and intend to remain incorporated in Australia while any assurance of support given by the body remains in force.
Part 4 Requirements for Secretary to accept assurances of support
Division 4.1 Requirements in relation to individuals
Application of Division 4.1
For paragraph 1061ZZGD (2) (a) of the Act, this Division specifies the requirements that must be met in relation to a person who is an individual who gives an assurance of support, for the Secretary to be permitted to accept the assurance.
Definitions for Division 4.1
In this Division:
dependent child has the meaning given by subsection 5 (1) of the Act.
member of a couple has the meaning given by subsection 4 (2) of the Act.
partner has the meaning given by subsection 4 (1) of the Act.
single person means a person other than a member of a couple.
Meeting the income requirement
(1) A person who gives an assurance of support must meet the income requirement that applies to the person under this Division.
(2) The person must meet the applicable income requirement for:
(a) the financial year in which the assurance is given (the current financial year); and
(b) either of the following 2 year periods (the previous financial years):
(i) the financial year ending immediately before the current financial year (the first financial year) and the financial year ending immediately before the first financial year (the second financial year);
(ii) if the person does not have available evidence of income for the first financial year — the second financial year and the financial year ending immediately before that year.
(3) For the purpose of establishing that the person meets the applicable income requirement for the current financial year, the person must give to the Secretary documents that are acceptable to the Secretary as evidence of the income of the person for the part of the financial year up to the date on which the assurance is given, which may include the following:
(a) a document showing the person’s gross income and period of service or employment, such as a payslip, group certificate, letter from the person’s employer, or contract for service or employment;
(b) a financial statement or other business record showing the person’s gross and net business income for a specified period.
(4) For the purpose of establishing that the person meets the applicable income requirement for each previous financial year, the person must give to the Secretary a notice of assessment issued by the Australian Taxation Office in relation to the person and the year.
Income requirement — general
(1) This section applies to a person who gives an assurance of support, other than:
(a) a single person with no dependent children who gives a discretionary assurance of support; or
(b) a person who gives an assurance of support jointly with another person or persons.
(2) The person meets the income requirement in relation to the person and an assurance of support for a financial year if the amount of the person’s taxable income for that year is at least the total of the following amounts:
(a) the amount that is the income free area of family tax benefit Part A under clause 19 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999, indexed annually in accordance with Schedule 4 to that Act;
(b) if the person has more than one dependent child who is under 18 — $1 250 for each dependent child of that kind other than the first;
(c) if the person is a member of a couple, and the person’s partner has more than one dependent child who is under 18 and is not a dependent child to whom paragraph (b) applies — $1 250 for each dependent child of that kind other than the first;
(d) if the person has a dependent child who is 18 or over — $2 500 for each dependent child of that kind;
(e) if the person is a member of a couple, and the person’s partner has a dependent child who is 18 or over and is not a child to whom paragraph (d) applies — $2 500 for each dependent child of that kind;
(f) if the assurance of support is given in respect of 2 adults — $2 500 for the second adult;
(g) if the assurance of support is given in respect of an adult, and the person has previously given an assurance of support in respect of another adult, and that assurance remains in force — $2 500;
(h) if the assurance of support is given in respect of a child, or 2 or more children — $1 250 for each child.
Example
If a person who has a partner and 2 dependent children under 18 gives a required assurance for a migrating family of 2 parents and 3 children under 18, the required minimum taxable income amount is $39 985, calculated by adding the following:
· $32 485 (being the amount of the income free area at the commencement of this Determination, which is subject to further indexation)
· $1 250 (being the amount for the person’s second dependent child under 18)
· $2 500 (being the amount in respect of the second assured adult)
· $3 750 (being the amount in respect of the 3 assured children).
(3) A person to whom section 14 applies who does not meet the income requirement in this section may meet the income requirement under that section.
Income requirement — single person with no dependent children giving discretionary assurance of support
(1) This section applies to a single person with no dependent children who gives a discretionary assurance of support (other than a person who gives a joint assurance of support).
(2) The person meets the income requirement in relation to the person and an assurance of support for a financial year if the amount of the person’s taxable income for that year is at least the total of the following amounts:
(a) an annual amount of allowable income, worked out in accordance with paragraph (b) of the definition of allowable income in point 1071A-4 of the Act;
(b) if the assurance of support is given in respect of 2 adults — $2 500 for the second adult;
(c) if the assurance of support is given in respect of an adult, and the person has previously given an assurance of support in respect of another adult, and that assurance remains in force — $2 500;
(d) if the assurance of support is given in respect of a child, or 2 or more children — $1 250 for each child.
(3) A person to whom section 14 applies who does not meet the income requirement in this section may meet the income requirement under that section.
Special income requirement — certain discretionary assurances of support
(1) This section applies to a person who:
(a) gives a discretionary assurance of support (other than a person who gives a joint assurance of support); and
(b) does not meet the income requirement for a financial year under section 12 or 13 (as the case requires).
(2) If:
(a) the person’s taxable income for a financial year is less than, but close to, the amount required under section 12 or 13 (as the case requires); and
(b) the person is likely to have the financial capacity to meet any liability arising under section 1061ZZGG of the Act;
the person is taken to meet the income requirement applying to the person for that year.
(3) In considering whether a person is likely to have the financial capacity to meet any liability arising under section 1061ZZGG of the Act, the person’s assets and liabilities may be taken into account.
Income requirement — joint assurers — general
(1) This section applies to:
(a) a person who gives a required assurance of support jointly with another person or persons; and
(b) unless section 16 applies, a person who gives a discretionary assurance of support jointly with another person or persons.
(2) The person meets the income requirement in relation to the person and a joint assurance of support for a financial year if the combined amount of taxable income of the assurers for that year is at least the total of the following amounts:
(a) the amount that is the income free area of family tax benefit Part A under clause 19 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999, indexed annually in accordance with Schedule 4 to that Act;
(b) if the person has more than one dependent child who is under 18 — $1 250 for each dependent child of that kind other than the first;
(c) if the person is a member of a couple, and the person’s partner has more than one dependent child who is under 18 and is not a dependent child to whom paragraph (b) applies — $1 250 for each dependent child of that kind other than the first;
(d) if any of the other assurers has more than one dependent child who is under 18 — $1 250 for each dependent child of that kind other than the first;
(e) if any of the other assurers is a member of a couple, and that assurer’s partner has more than one dependent child who is under 18 and is not a dependent child to whom paragraph (d) applies — $1 250 for each dependent child of that kind other than the first;
(f) if the person has a dependent child who is 18 or over — $2 500 for each dependent child of that kind;
(g) if the person is a member of a couple, and the person’s partner has a dependent child who is 18 or over and is not a child to whom paragraph (f) applies — $2 500 for each dependent child of that kind;
(h) if any of the other assurers has a dependent child who is 18 or over — $2 500 for each dependent child of that kind;
(i) if any of the other assurers is a member of a couple, and that assurer’s partner has a dependent child who is 18 or over and is not a child to whom paragraph (h) applies — $2 500 for each dependent child of that kind;
(j) if the assurance of support is given in respect of 2 adults — $2 500 for the second adult;
(k) if the assurance of support is given in respect of an adult, and the person has previously given an assurance of support in respect of another adult, and that assurance remains in force — $2 500;
(l) if the assurance of support is given in respect of a child, or 2 or more children — $1 250 for each child.
Example
If a joint assurer, who has a partner and 2 children under 18, gives a required assurance of support with another joint assurer, who has a partner and 3 dependent children under 18, for a migrating family of 2 adults and 3 dependent children, the combined income of both joint assurers must meet a minimum income amount of $42 485, calculated by adding the following:
· $32 485 (being the amount of the income free area at the commencement of this Determination, which is subject to further indexation)
· $1 250 (being the amount for the first joint assurer’s second dependent child under 18)
· $2 500 (being the amount for the second joint assurer’s second and third dependent children under 18)
· $2 500 (being the amount in respect of the second assured adult)
· $3 750 (being the amount in respect of the 3 assured children).
Income requirement — joint assurers giving discretionary assurance of support — single assurer with no dependent children
(1) This section applies to a person who gives a discretionary assurance of support jointly with another person or persons if any of the persons is a single person with no dependent children.
(2) The person meets the income requirement in relation to the person and a joint assurance of support for a financial year if the combined amount of taxable income of the assurers for that year is at least the total of the following amounts:
(a) an annual amount of allowable income, worked out under paragraph (b) of the definition of allowable income in point 1071A-4 of the Act;
(b) if the assurance of support is given in respect of 2 adults — $2 500 for the second adult;
(c) if the assurance of support is given in respect of an adult, and the person has previously given an assurance of support in respect of another adult, and that assurance remains in force — $2 500;
(d) if the assurance of support is given in respect of a child, or 2 or more children — $1 250 for each child;
(e) if any of the other assurers has more than one dependent child who is under 18 — $1 250 for each dependent child of that kind other than the first;
(f) if any of the other assurers is a member of a couple, and that assurer’s partner has more than one dependent child who is under 18 and is not a dependent child to whom paragraph (e) applies — $1 250 for each dependent child of that kind other than the first;
(g) if any of the other assurers has a dependent child who is 18 or over — $2 500 for each dependent child of that kind;
(h) if any of the other assurers is a member of a couple, and that assurer’s partner has a dependent child who is 18 or over and is not a child to whom paragraph (g) applies — $2 500 for each dependent child of that kind.
Example
If a joint assurer, who has no partner and no dependent children, gives a discretionary assurance with another joint assurer, who has a partner and 3 dependent children under 18, for a migrating family of one adult and 2 dependent children, the combined income of both joint assurers must meet the minimum income amount of $22 472, calculated by adding the following:
· $17 472 (being the amount of the allowable income at the commencement of this Determination, which is subject to further indexation)
· $2 500 (being the amount for the second joint assurer’s second and third dependent children under 18)
· $2 500 (being the amount in respect of the 2 assured children).
Division 4.2 Requirements in relation to persons other than individuals
Application of Division 4.2
For paragraph 1061ZZGD (2) (a) of the Act, this Division specifies the requirements that must be met in relation to a person other than an individual (a body) that gives an assurance of support, for the Secretary to be permitted to accept the assurance.
Requirement for State agencies
An assurance of support that is given by a State agency must be given on behalf of the State agency by a person who is properly authorised to give the assurance.
Requirement for bodies other than State agencies
(1) A body (other than a State agency) that gives an assurance of support must meet the income requirement that applies to the body under this section.
(2) The body must meet the income requirement for either of the following 2 year periods:
(a) the financial year ending immediately before the financial year in which the assurance is given (the first financial year) and the financial year ending immediately before the first financial year (the second financial year);
(b) if the body does not have available evidence of income for the first financial year — the second financial year and the financial year ending immediately before that year.
(3) A body meets the income requirement in relation to the body and an assurance of support for a financial year if the amount of the body’s taxable income for that year is at least the total of the following amounts:
(a) the amount that is the income free area of family tax benefit Part A under clause 19 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999, indexed annually in accordance with Schedule 4 to that Act;
(b) if the assurance of support is given in respect of 2 adults — $2 500 for the second adult;
(c) if the assurance of support is given in respect of an adult, and the body has previously given an assurance of support in respect of another adult, and that assurance remains in force — $2 500;
(d) if the assurance of support is given in respect of a child, or 2 or more children — $1 250 for each child.
Example
If a body gives a required assurance for a migrating family of 2 parents and 3 children under 18, the required minimum taxable income amount is $38 735, calculated by adding the following:
· $32 485 (being the amount of the income free area at the commencement of this Determination, which is subject to further indexation)
· $2 500 (being the amount in respect of the second assured adult)
· $3 750 (being the amount in respect of the 3 assured children).
Part 5 Value of securities
Values of securities required for Secretary’s acceptance of an assurance of support
For paragraph 1061ZZGD (3) (b) of the Act, the following values for a security given in connection with an assurance of support are specified:
(a) for an assurance of support that was given in connection with an application for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, in respect of a person identified in the assurance who is seeking to satisfy the primary criteria for the grant of the visa — $10 000;
(b) for an assurance of support that was given in connection with an application for a visa of the kind mentioned in paragraph (a), in respect of a person identified in the assurance who is seeking to satisfy the secondary criteria for the grant of the visa — $4 000;
(c) for an assurance of support that was given in connection with an application for a visa other than the kind mentioned in paragraph (a), in respect of a person identified in the assurance who is seeking to satisfy the primary criteria for the grant of the visa — $3 500;
(d) for an assurance of support that was given in connection with an application for a visa other than the kind mentioned in paragraph (a), in respect of a person identified in the assurance who is seeking to satisfy the secondary criteria for the grant of the visa — $1 500.
Part 6 Effect of accepted assurances
Periods for which assurances of support remain in force
For subparagraph 1061ZZGF (1) (b) (i) of the Act, the following periods are specified:
(a) for an assurance of support that was given in connection with an application for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa — 10 years;
(b) in any other case — 2 years.
Notes
Note 1
The Social Security (Assurances of Support) Determination 2004 (in force under subsection 1061ZZGH(1) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
| Title | Date of notification in Gazette or FRLI registration | Date of commencement | Application, saving or transitional provisions |
| Social Security (Assurances of Support) Determination 2004 | 30 June 2004 (see Gazette 2004, No. S 241) | 1 July 2004 | |
| Social Security (Assurances of Support) (FaHCSIA) Determination 2007 | 21 December 2007 (see F2007L04963) | 1 January 2008 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 2A ...................................... | ad. 2007 F2007L04963; |
| S. 4A ...................................... | ad. 2007 F2007L04963; |
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