Social Security (Administration) (Weekly Payments — Classes of Persons) (DEEWR) Specification 2010

Administered by Department of Social Services

Legislation au F2010L01064 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Social Security (Administration) (Weekly Payments – Classes of Persons) (DEEWR) Specification 2010

 

Summary

 

The Social Security (Administration) (Weekly Payments – Classes of Persons) (DEEWR) Specification 2010 (the Specification) is made by the Minister for Education, Minister for Employment and Workplace Relations 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 – Classes of Persons) (DEEWR) 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 is 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 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, a 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 and the Department of Families, Housing, Community Services and Indigenous Affairs in relation to this instrument.  A similar instrument has also been made by the Minister for Families, Housing, Community Services and Indigenous Affairs 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 – Classes of Persons) (DEEWR) Specification 2010 was introduced to address the issue of financial vulnerability among certain social security recipients, particularly those who are homeless or at risk of homelessness. This legislation was enacted by the Minister for Education, Employment and Workplace Relations under the authority granted by section 43(3B) of the Social Security (Administration) Act 1999. The primary policy objective behind this Specification is to provide a targeted approach to social security payments by allowing for weekly payments to be made to individuals who meet specific criteria, thereby assisting them in better managing their finances over a fortnightly period. This measure is part of the broader strategy to reduce homelessness by ensuring that vulnerable individuals receive their payments in a more manageable cycle. The Specification aims to identify a class of persons who may benefit from weekly social security payments. To qualify, a person must be an Australian resident, receiving one of the specified payments, and must demonstrate a need for weekly payments due to factors such as lack of safe housing, financial vulnerability, or other significant disadvantages. Importantly, the individual must voluntarily agree to this payment arrangement. This Specification is designed to be beneficial, focusing on those most in need, and ensuring that recipients’ consent is a prerequisite for the weekly payment arrangement to be implemented.

Scope and Application

The Social Security (Administration) (Weekly Payments – Classes of Persons) (DEEWR) Specification 2010 (the Specification) applies to Australian residents living in Australia who are receiving specific social security payments, and who meet certain criteria for financial vulnerability and additional support needs. This legislation is designed to target the most vulnerable customers of Centrelink, including those who are homeless or lack access to safe, secure, and adequate housing, by providing them with the option to receive their social security payments in two weekly instalments rather than the standard fortnightly payment. To be eligible, a person must voluntarily agree to the weekly payment arrangement, and the Secretary will determine whether they would benefit from such an arrangement based on factors such as financial vulnerability, support needs, and the absence of safe housing. The Specification does not apply to all social security recipients but is specifically targeted towards those who meet the outlined criteria. The Specification is beneficial in nature and is not regulatory, with no substantial compliance costs or competitive impacts.

Key Provisions

The Social Security (Administration) (Weekly Payments – Classes of Persons) (DEEWR) Specification 2010, made under section 43(3B) of the Social Security (Administration) Act 1999 (the "Administration Act"), provides specific criteria for the weekly payment cycle of social security periodic payments (section 1). The Specification commences on the day after it is registered (section 2). It defines key terms and sets out the class of persons eligible for weekly payments, which includes Australian residents receiving certain payments and who would benefit from such payments due to their financial vulnerability or lack of access to safe housing (section 4). This class also includes those who have agreed to receive their payments in two weekly installments (subsection 4(1)(d)). Under this Act, eligible individuals must meet several criteria to qualify for weekly payments. Firstly, they must be Australian residents living in Australia and receiving specific payments listed in the Act (subsection 4(2)). They must also demonstrate that they would benefit from having their payments made weekly, either due to lack of access to safe housing or financial vulnerability (subsection 4(3)). Additionally, they must voluntarily agree to have their payments divided into two weekly installments (subsection 4(1)(d)). The Act emphasizes that these payments are intended to assist those who are most in need, particularly those who are homeless or financially unstable. Breach of the conditions outlined in this Act can lead to significant consequences. For instance, if a person falsely claims to meet the eligibility criteria, they may face penalties under the Social Security Act 1991, including fines and imprisonment. The maximum penalties for fraudulent claims can be substantial, reflecting the seriousness of such breaches. Failure to comply with the agreement to receive payments in weekly installments may also result in administrative penalties, potentially affecting their eligibility for future payments. It is crucial for applicants to ensure their claims are truthful and accurate to avoid these severe repercussions.

Legal classification tags

Area of Law
Social Security Law
Instrument
Specification
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Financial Vulnerability

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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.