Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010

Administered by Department of Social Services

Legislation au F2010L00984 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010

 

Summary

 

The Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010 (the Specification) is made by the Minister for Families, Housing, Community Services and Indigenous Affairs under section 43(3B) of the Social Security (Administration) Act 1999 (the Administration Act).

 

The purpose of the Specification is to specify a class of persons to whom a weekly payment cycle of social security periodic payments could apply.  The Secretary will then determine whether a particular person who is within that class of persons should be paid their social security periodic payment, in respect of a 14-day instalment period, in two weekly payments.

 

Background

 

As part of the strategy for reducing homelessness, the Australian Government’s White Paper, The Road Home: a National Approach to Reducing Homelessness, stated that weekly payments will be available to Centrelink’s most vulnerable customers including people who are homeless.  The intention is for weekly payments to be specifically targeted to those social security recipients who are financially vulnerable and who have additional support needs due to difficulties in managing their payment across the 14-day instalment period.

 

Currently, in most cases, social security payments are paid fortnightly in arrears in respect of a 14-day instalment period.  However, this Specification sets out the classes of persons who may be paid weekly, in arrears.

 

Explanation of provisions

 

Section 1 provides that the name of the Specification is the Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010.

 

Section 2 provides that the Specification commences on the day after it is registered.

 

Section 3 provides definitions of terms used in the Specification.

 

Section 4 specifies the class of persons for the purpose of making weekly payments, being persons who meet each of the following requirements:

 

(a)   the person is an Australian resident and living in Australia;

(b)   the person is receiving one of the payments listed in subsection 4(2);

(c)   the person would benefit from having their social security periodic payment paid weekly; and

(d)   the person has voluntarily agreed to be paid the total amount of their social security periodic payment in respect of a 14-day instalment period in two weekly payments as provided by subsection 43(3A) and has not revoked or withdrawn that agreement.

 

Subsection 4(2) provides that, for the purposes of paragraph 4(1)(b), the person must be receiving one of the payments listed.

 

Subsection 4(3) sets out non-exclusively, circumstances under which a person is taken to benefit from having their social security periodic payment paid weekly.  Those circumstances are that the person does not have access to safe, secure and adequate housing, or are using emergency accommodation or a refuge; or the person is financially vulnerable and significantly disadvantaged.

 

Subsection 4(4) sets out, non-exclusively, circumstances under which a person is taken not to have access to safe, secure and adequate housing.  This definition is derived from the Supported Accommodation Assistance Act 1994, and is intended to encompass the particular characteristics or incidents of a person’s accommodation that may adversely affect them or place them at risk.  This definition encompasses people who would be considered homeless under the definitions of primary, secondary and tertiary homelessness currently used by the Australian Bureau of Statistics but is preferred for the purpose of the instrument because it defines homelessness by its impacts on individuals and provides consistency with other instruments made under social security law which also use this definition.

 

Whether a person is financially vulnerable and significantly disadvantaged is not defined in the Specification, as it is intended to be a broad and flexible concept examining many aspects of a person’s circumstances.  It is intended that guidance be given to decision-makers through administrative guidance material, such as the Guide to the Social Security Law and Centrelink’s e-Reference system.  Examples of matters that decision-makers will be asked to consider include whether:

(a)   the person has suffered a recent traumatic relationship breakdown, particularly if domestic or family violence was involved;

(b)   the person or their partner or a family member has a diagnosed mental illness, acquired brain injury or acute cognitive impairment;

(c)   the person or their partner or a family member has a gambling, substance or alcohol dependence that is severe enough to impede the person from managing their finances on a fortnightly basis;

(d)   the person has ongoing budgeting difficulties with his or her fortnightly payment arrangements;

(e)   the person has suffered an unforseen event that has substantially reduced his or her income or requires significant additional expenditure; or

(f)    the person has previously been offered other services and referrals which have failed to stabilise the person’s financial circumstances.

 

This Specification is beneficial in nature and intended to assist a broad class of persons.  In addition, the person must consent to be paid weekly before the Secretary can determine that a person is to receive their social security periodic payment on a weekly basis.

 

Consultation

 

Consultation was undertaken with Centrelink, the Department of Education, Employment and Workplace Relations and the Department of Veterans’ Affairs in relation to this instrument.  A similar instrument has also been made by the Minister for Employment and Workplace Relations to specify the class of persons receiving social security payments for which that Minister has responsibility.

 

Regulatory Impact Statement

 

This instrument does not require a Regulatory Impact Statement and/or a Business Cost Calculator Figure.  This instrument is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

 

Apart from requirements relating to all legislative instruments (e.g. under the Legislative Instruments Act 2003), no statutory preconditions needed to be satisfied prior to the making of this instrument.

 

Overview

The Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010 was enacted to address the issue of financial vulnerability among certain social security recipients, particularly those who are homeless or experiencing significant difficulties in managing their fortnightly payments over a 14-day period. This legislation was introduced by the Minister for Families, Housing, Community Services and Indigenous Affairs under section 43(3B) of the Social Security (Administration) Act 1999, aiming to provide more frequent payment options to help these individuals better manage their finances. The policy objective of the Specification is to create a class of persons who could benefit from having their social security payments disbursed on a weekly basis, as outlined in the Australian Government’s White Paper, The Road Home: a National Approach to Reducing Homelessness. This initiative targets those who lack access to safe and secure housing, are using emergency accommodation, or are financially vulnerable and significantly disadvantaged. The Specification stipulates that to be included in this class, a person must be an Australian resident, receiving specified payments, and must consent to receiving their payments in two weekly instalments.

Scope and Application

The Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010 applies to Australian residents receiving specified social security payments who meet certain vulnerability criteria and have agreed to receive their payments in weekly instalments. This instrument is designed to benefit individuals who would otherwise struggle to manage their fortnightly payments over the standard 14-day period, particularly those who are homeless or experiencing significant financial hardship. The Specification does not apply to all social security recipients but rather targets those who are deemed most vulnerable, as defined by the criteria outlined in the legislation. This includes individuals without access to safe and secure housing, those experiencing severe financial disadvantage, or those with significant support needs. The Specification extends to all Commonwealth jurisdictions and is implemented through administrative processes overseen by Centrelink, which is responsible for determining eligibility and processing payments under this framework. While the Specification itself does not impose additional regulatory burdens, it provides the foundation for subordinate instruments that may further detail the application and administration of these payments.

Key Provisions

The main operative sections of the Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010 (the Specification) are sections 3 and 4. Section 3 provides definitions for terms used within the Specification, which include clarifying what constitutes 'safe, secure and adequate housing' and what it means to be 'financially vulnerable and significantly disadvantaged'. Section 4 specifies the class of persons eligible for weekly payments, which includes Australian residents receiving certain social security payments, who benefit from weekly payments, and have agreed to receive their payment in two weekly instalments. The Specification imposes specific obligations on the parties it governs. It requires that persons who meet the criteria outlined in section 4 be considered for weekly payments. This includes being an Australian resident receiving specified payments, having circumstances that benefit from weekly payments, and having voluntarily agreed to the payment schedule. Centrelink, as the administrative body, is obligated to assess whether a particular person meets these criteria and, if so, to pay their social security periodic payment in two weekly instalments. Additionally, the Specification mandates that decision-makers consider various factors when determining financial vulnerability and significant disadvantage, such as recent traumatic events, diagnosed mental illnesses, or ongoing budgeting difficulties. There are no specific offences, penalties, or civil/criminal consequences outlined within the Specification for non-compliance. However, the Specification is part of a broader legislative framework under the Social Security (Administration) Act 1999, where breaches of related provisions can result in penalties. For instance, wilful or negligent misrepresentation of information can lead to fines of up to $13,200 for individuals and $66,000 for bodies corporate, as stipulated in section 114 of the Administration Act. Furthermore, failing to comply with the broader social security laws can result in penalties under the Commonwealth’s Criminal Code, which includes fines and imprisonment. In summary, the Specification provides a framework for determining eligibility for weekly social security payments, emphasizing the need for specific circumstances and voluntary agreement from the recipients. It outlines the obligations for Centrelink and decision-makers in assessing and implementing these payments, while also situating itself within a broader legislative context that imposes penalties for non-compliance.

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Specification
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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.