Social Security (Administration) (Cashless Welfare - Cape York Area) Determination 2021

Administered by Department of Social Services

Legislation au F2021N00039 In force Notifiable Instrument

Legislation content

 

Social Security (Administration) (Cashless Welfare - Cape York Area) Determination 2021

I, Anne Ruston, Minister for Families and Social Services, make the following Determination:

Dated 24 February 2021    

Anne Ruston

Minister for Families and Social Services

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Cape York Area

 

 

1  Name

  This instrument is the Social Security (Administration) (Cashless Welfare - Cape York Area) Determination 2021.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Whole of this instrument

17 March 2021.

17 March 2021.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 124PD(1A) of the Social Security (Administration) Act 1999.

4  Definitions

  In this instrument:

  Act means the Social Security (Administration) Act 1999.

5  Cape York Area

  For subsection 124PD(1) of the Act, Cape York area is determined to be the area comprising all areas prescribed as a welfare reform community area for section 8A of the Family Responsibilities Commission Act 2008 (Qld) from time to time.

Overview

The Social Security (Administration) (Cashless Welfare - Cape York Area) Determination 2021, enacted on 17 March 2021, addresses the issue of welfare management in the Cape York region by establishing a cashless welfare system. This determination was introduced by the Australian Government, specifically under the authority of Anne Ruston, the Minister for Families and Social Services. The policy objective is to ensure that welfare payments are managed more effectively and to reduce misuse by directing payments through a designated card system. This approach is intended to support better financial management and accountability among welfare recipients in the designated area. The determination operates under the Social Security (Administration) Act 1999, aiming to streamline the administration of welfare benefits in a specified geographic area, thereby facilitating better oversight and reducing potential fraud or misuse. By aligning with the Family Responsibilities Commission Act 2008 (Qld), the legislation ensures that the defined Cape York area receives targeted welfare reforms, thereby addressing specific regional challenges in welfare distribution and management.

Scope and Application

The Social Security (Administration) (Cashless Welfare - Cape York Area) Determination 2021 applies specifically to the administration of social security benefits within the Cape York Area of Queensland, as defined under section 8A of the Family Responsibilities Commission Act 2008 (Qld). This Determination, made by the Minister for Families and Social Services, Anne Ruston, under subsection 124PD(1A) of the Social Security (Administration) Act 1999, came into effect on 17 March 2021. It is applicable to individuals and entities receiving social security payments in the designated Cape York Area and pertains to the implementation and management of cashless welfare measures within this region. This includes the use of the Commonwealth-issued Health Care Card to facilitate transactions for welfare payments, subject to the terms outlined in the Determination. The scope of this Determination is confined to the Cape York Area and does not extend beyond this geographic boundary. Any exclusions, exemptions, or specific thresholds are detailed within the Determination itself and may be further elaborated through subordinate instruments or guidelines issued under the authority of the Act.

Key Provisions

The Social Security (Administration) (Cashless Welfare - Cape York Area) Determination 2021 outlines specific provisions regarding the administration of social security payments in the Cape York area, as defined under the Family Responsibilities Commission Act 2008 (Qld). This instrument, which commenced on 17 March 2021, is made under subsection 124PD(1A) of the Social Security (Administration) Act 1999. The Cape York area, for the purposes of this Determination, includes all areas prescribed as welfare reform community areas under the Queensland legislation. The primary focus of the Determination is to establish a cashless welfare system, meaning that social security payments will be loaded onto a designated card rather than paid in cash. Under this Determination, social security recipients in the Cape York area are required to use a cashless payment system for their benefits. This means that payments will be loaded directly onto a specific card, which can only be used for authorised transactions. This system is designed to ensure that welfare payments are used for intended purposes and to reduce the risks associated with cash handling. The Determination also imposes obligations on these recipients to comply with the cashless system and to use the designated card for all welfare-related transactions. There are several obligations imposed by the Determination on the parties involved. Recipients must use the designated cashless card for all welfare-related payments. This includes complying with any rules and conditions set by the Department of Social Services regarding the use of the card. The card can only be used for specific purposes, such as purchasing food, clothing, and other essential items. Failure to comply with these conditions may result in penalties or other consequences. Additionally, the Department of Social Services is responsible for managing the cashless system, ensuring that payments are correctly loaded onto the cards and that recipients are aware of their obligations. The Determination includes provisions for penalties and consequences for non-compliance with the cashless welfare system. If a recipient fails to use the designated card or violates the conditions attached to its use, they may face penalties. The Act does not specify the exact nature of these penalties, but they could include financial penalties, the suspension or termination of welfare payments, or other administrative actions. There may also be criminal consequences for serious breaches, such as fraud or misuse of welfare funds, which could lead to fines or imprisonment. The exact penalties would be determined based on the specific circumstances of the breach and the relevant laws governing welfare administration.

Legal classification tags

Area of Law
Social Security Law
Instrument
Determination
Concepts
Commencement Provisions
Definitions & Interpretation
Regulatory Standards
Catchwords
Cape York Area

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.