EXPLANATORY STATEMENT
Social Security (Administration) (toys are a priority need) Specification 2010
The Social Security (Administration) (toys are a priority need) Specification 2010 (the Specification) is made under paragraph 123TH(1)(q) of the Social Security (Administration) Act 1999 (the Act). The Minister for Families, Housing, Community Services and Indigenous Affairs, as well as making the Specification in her own capacity, is also making it on behalf of the Minister for Education, Employment and Workplace Relations.
Background
Part 3B of the Act establishes an income management regime that applies to recipients of certain welfare payments. If a person is subject to the income management regime under Part 3B, the Secretary must deduct amounts from the person’s relevant welfare payments and credit those amounts to the person’s income management account, in accordance with Part 3B, for the purpose of taking actions directed to meeting the priority needs of the person or his or her dependents.
Subsection 123TH(1) sets out a list of priority needs. The subsection also gives power to the Minister to specify by legislative instrument anything else that is considered to be a priority need.
Purpose
The purpose of the Specification is to specify that any toy that meets the criteria in section 3 is a “priority need” for the purposes of paragraph 123TH(1)(q) of the Act so that any such toy will be able to be taken into account by the Secretary in directing funds under Division 6 of Part 3B of the Act.
The effect of the Specification is that any toy will be included as a priority need, in the context of the Secretary’s power in subsection 123YA(2) of the Act to take appropriate action to direct funds toward meeting the priority needs of a person, their partner, their children or dependants.
Toys that are a priority need include sporting equipment that keep children active, board games that help children learn literacy and numeracy skills and help them in school and toys that encourage children to use their imagination.
The Specification commences on the day after it is registered.
The Specification is a legislative instrument.
Consultation
Consultation on the Specification was undertaken with the Department of Education, Employment and Workplace Relations to ensure a co-ordinated approach in respect of welfare payments, for which they have responsibility, which may become subject to the income management regime.
Regulatory Impact Analysis
The Specification does not require a Regulatory Impact Statement or a Business Cost Calculator Figure. The Specification is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.