Social Security and Other Legislation Amendment Act 2011

Overview

The Social Security and Other Legislation Amendment Act 2011 No. 145, 2011, enacted by the Parliament of Australia, aims to address gaps and issues within social security, veterans' entitlements, and disability services. This Act introduces amendments to existing laws, including the Social Security Act 1991, Veterans' Entitlements Act 1986, and Disability Services Act 1986, with a view to enhancing the efficiency and effectiveness of these areas. The policy objectives include refining bereavement allowances, updating special benefits, revising impairment tables for disability support pensions, and introducing disability advocacy standards and certification processes. The Act seeks to ensure that the social security system is fair, supportive, and aligned with contemporary standards and needs.

Scope and Application

The Social Security and Other Legislation Amendment Act 2011 applies to various aspects of social security, veterans' entitlements, and disability services in Australia. Specifically, the Act amends the Social Security Act 1991 and the Veterans' Entitlements Act 1986 to modify the provisions relating to bereavement allowance, special benefit, impairment tables for disability support pension, and asset-test exempt income streams. Additionally, it amends the Disability Services Act 1986 to establish new standards and requirements for disability advocacy services, including the introduction of disability advocacy standards, certificates of compliance, and financial assistance for approved services. The Act applies to individuals and entities involved in social security and disability services, including claimants, recipients, service providers, and the government agencies administering these services. The geographic reach of the Act is national, as it pertains to federal legislation enacted by the Parliament of Australia. The Act does not specify any exclusions or exemptions; however, it does include transitional provisions to ensure a smooth implementation of the new standards and requirements. The Act also allows for the extension or restriction of its application through subordinate instruments, such as legislative instruments and regulations, which may be issued by the relevant ministers or authorities.

Key Provisions

• The Social Security and Other Legislation Amendment Act 2011 (Act) amends several pieces of legislation, including the Social Security Act 1991, Veterans’ Entitlements Act 1986, and Disability Services Act 1986. The Act introduces changes to bereavement allowance, special benefits, impairment tables for disability support pension, disability advocacy services, and asset-test exempt income streams.
• The Act makes significant changes to the bereavement allowance under the Social Security Act 1991 by repealing paragraph 315(1)(c), which previously provided for a specific allowance for dependent children. This change applies to deaths occurring on or after 1 January 2012. Special benefits are also amended, with new provisions introduced to exclude certain newly arrived residents from specific waiting periods if they make a claim for special benefit on or after 1 January 2012 and meet certain visa requirements.
• Regarding disability support pension, the Act revises the impairment tables and the rules for their application. It empowers the Minister to determine these tables and rules through legislative instruments. The Act also stipulates that these tables and rules must be applied consistently in claims, reviews, and assessments related to disability support pension. The amendments apply to days occurring on or after 1 January 2012, except for claims made before this date but not yet determined by 1 January 2012.
• The Disability Services Act 1986 is amended to include disability advocacy services, setting standards for these services and requiring accredited certification bodies to issue certificates of compliance if the services meet these standards. The Act also allows the Minister to approve additional classes of advocacy services and to make grants for advocacy services, subject to certain conditions. The Act further specifies the consequences for breaches of grant conditions, including the ability to make declarations regarding such breaches.
• In terms of asset-test exempt income streams, the Act introduces new provisions to limit the number of actuarial certificates that can be given in a financial year for both social security and veterans' income streams. If an actuarial certificate is already in force at the end of a financial year, certain provisions do not apply to the next financial year until a new certificate is issued or 26 weeks have passed, whichever is earlier.
• The Act imposes several obligations on parties and entities it governs. For instance, claimants for disability support pension must ensure their claims comply with the current impairment tables and rules. Accredited certification bodies must assess whether advocacy services meet the disability advocacy standards and issue or revoke certificates of compliance accordingly. The Minister must determine and apply specific tables and rules for disability support pension claims and reviews, and adhere to the conditions when approving grants for advocacy services.
• The Act also outlines various offences, penalties, and consequences for breaches. Failure to comply with the conditions of grants for disability services may result in the Minister making a declaration of the breach and specifying actions to be taken. Certificates of compliance for advocacy services must be revoked if the services no longer meet the required standards. While the Act does not explicitly state maximum penalties, the consequences of non-compliance typically involve administrative actions such as revocation of certificates and financial penalties as stipulated in related legislative instruments and regulations.

Legal classification tags

Area of Law

Social Security Law

Disability Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Reporting & Disclosure Obligations

Regulatory Standards