EXPLANATORY STATEMENT
Social Security (ACT Lifetime Care and Support Scheme) Determination 2015
Summary
Section 35A of the Social Security Act 1991 (the Act) allows the Minister to determine, in writing, that a scheme for the provision of personal care support is an “approved scheme” for the purposes of the Act. This instrument determines that the Lifetime Care and Support Scheme established under the Lifetime Care and Support (Catastrophic Injuries) Act 2014 (ACT) is an “approved scheme” under section 35A.
The effect of this Determination is that people who receive assistance under the Lifetime Care and Support Scheme, and who also receive an Australian social security payment, will not have this assistance taken into account for the purposes of the social security income test.
Background
Under the social security law all income earned, derived or received for a person’s own use or benefit, is counted as income. However, the social security law specifically excludes some amounts from being income.
Section 35A of the Act allows the Minister to determine that a scheme for the provision of personal care support is an “approved scheme” for the purposes of the Act. Payments made under an “approved scheme” are exempt from the income test under paragraph 8(8)(zi) of the Act in relation to the person who is receiving care.
Explanation of the instrument
This Determination provides that the Lifetime Care and Support Scheme is an “approved scheme” under section 35A of the Act.
The Lifetime Care and Support Commissioner of the Australian Capital Territory manages and administers lifetime personal care and support under the Lifetime Care and Support Scheme to people who have sustained catastrophic injuries as a result of a motor vehicle accident in the Australian Capital Territory.
Some recipients of payments under the Lifetime Care and Support Scheme also receive an Australian social security payment. The effect of this Determination is that these people will not have their social security payments reduced under the income test because of the Lifetime Care and Support Scheme payments they receive. The Determination will ensure that their Lifetime Care and Support Scheme payments will not be regarded as income for the purpose of paragraph 8(8)(zi) of the Act.
Explanation of the provisions
Section 1 of the Determination states the name of the determination.
Section 2 provides that the Determination commences the day after it is registered.
Subsection 3(1) provides that the Lifetime Care and Support Scheme is an approved scheme for the purposes of the Social Security Act 1991.
Subsection 3(2) provides a definition of the Lifetime Care and Support Scheme.
It defines the Lifetime Care and Support Scheme as the scheme established under the Lifetime Care and Support (Catastrophic Injuries) Act 2014 (ACT).
Consultation
The Department has consulted with officers responsible for the ACT Lifetime Care and Support Scheme, the Australian Government Department of Veterans’ Affairs and the Australian Government Department of Agriculture and Water Resources regarding this determination.
This instrument is beneficial to social security payment recipients because it determines that the Lifetime Care and Support Scheme is an “approved scheme” under section 35A of the Act, thereby allowing payments under the Scheme to be exempt from the social security income test. Public consultation was therefore seen as unnecessary.
Regulatory Impact
This Determination does not require a Regulatory Impact Statement, as it is not regulatory in nature, does not impact on business activity and will have no, or minimal compliance costs.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
This Legislative Instrument is the Social Security (ACT Lifetime Care and Support Scheme) Determination 2015
The Social Security (ACT Lifetime Care and Support Scheme) Determination 2015 (the Determination) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Determination is made under section 35A of the Social Security Act 1991 (the Act) and determines that the Lifetime Care and Support Scheme established under the Lifetime Care and Support (Catastrophic Injuries) Act 2014 (ACT) is an approved personal care support scheme for the purposes of the Act, thereby exempting payments received by a person under this scheme for personal care support services from the social security income test.
The Determination ensures that people receiving payments from the Lifetime Care and Support Scheme will not have these payments assessed as income for social security purposes.
Human rights implications
The Determination engages the right to social security.
The right to social security
Section 35A of the Act allows the Minister for Social Services to determine that when a person receives funding provided by a personal care support scheme this funding is exempt from the social security income test in relation to social security payments for which the Minister for Social Services is responsible. The Determination is therefore beneficial to persons who receive such a social security payment.
Conclusion
This Determination ensures that individuals receiving assistance under the Lifetime Care and Support Scheme do not have payments under this scheme assessed for income test purposes. The Determination supports their human right to social security and is therefore compatible with human rights.
The Hon Christian Porter MP, Minister for Social Services