Social Security (Assessment Day - Conditions of Release) Determination 2019
I, Kathryn Campbell, Secretary of the Department of Social Services, make the following determination.
Dated 14 June 2019
Kathryn Campbell AO CSC
Secretary of the Department of Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Condititons of release
1 Name
This instrument is the Social Security (Assessment Day – Conditions of Release) Determination 2019.
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. The whole of this instrument | 1 July 2019. | 1 July 2019 |
Note: This table relates only to the provisions of this instrument as originally made.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 1120AB(8) of the Social Security Act 1991.
4 Definitions
In this instrument:
Act means the Social Security Act 1991.
5 Conditions of release
For the purposes of subparagraph 1120AB(6)(a)(i) and subparagraphs 1120AB(7)(b)(i) and (ii) of the Act, the following conditions of release are determined:
- retirement;
- death;
- terminal medical condition;
- permanent incapacity;
- attaining the age of 65.
Overview
The Social Security (Assessment Day - Conditions of Release) Determination 2019 was enacted to address the need for specific conditions under which an assessment day may be released, in accordance with subsection 1120AB(8) of the Social Security Act 1991. This legislation was introduced to clarify and expand upon the criteria that would allow for the release of an assessment day in certain circumstances, thus ensuring that the Social Security Act can be applied more effectively in cases of retirement, death, terminal medical conditions, permanent incapacity, and reaching the age of 65. The determination was made by Kathryn Campbell, Secretary of the Department of Social Services, with the intent of providing clear guidelines to facilitate the proper administration of social security benefits. The instrument commenced on 1 July 2019, providing a definitive framework for the conditions under which an assessment day may be released, thereby aiding in the accurate and timely assessment of eligibility for social security benefits.
Scope and Application
The Social Security (Assessment Day – Conditions of Release) Determination 2019 applies to individuals subject to the provisions of the Social Security Act 1991, particularly those conditions related to the assessment day for determining eligibility for benefits. This determination sets out specific conditions under which an individual may be released from the requirement to meet certain assessment criteria, such as retirement, death, terminal medical condition, permanent incapacity, or attaining the age of 65. The instrument operates nationally within Australia, as it is a subordinate instrument of the Commonwealth legislation. It is designed to provide clarity and specificity to the broader provisions of the Social Security Act by detailing the exact conditions that trigger the release from assessment requirements. The instrument does not explicitly state any exclusions or thresholds, but rather, it supplements the primary legislation by providing necessary detail on the conditions of release. The authority for this determination is derived from subsection 1120AB(8) of the Social Security Act 1991, and it comes into effect on 1 July 2019 as per the commencement provisions outlined.
Key Provisions
The Social Security (Assessment Day - Conditions of Release) Determination 2019 (sections 1 to 5) outlines specific conditions under which an individual may be released from certain social security assessments. This instrument, which came into effect on 1 July 2019, is made under subsection 1120AB(8) of the Social Security Act 1991. It defines key terms and specifies the conditions that trigger the release from assessment day, including retirement, death, a terminal medical condition, permanent incapacity, and reaching the age of 65. These conditions are crucial for determining when an individual is no longer subject to specific social security assessments.
The obligations imposed by this Determination (sections 1 to 5) require that relevant parties, including the Department of Social Services and individuals subject to assessment, adhere to the outlined conditions of release. For example, individuals must provide evidence of retirement, death certificates, medical documentation for terminal conditions, and other necessary documentation to substantiate claims of permanent incapacity or age-related release. The Department, in turn, must process these claims efficiently and ensure that individuals are correctly classified according to the specified conditions.
Breaches of the provisions outlined in this Determination may lead to penalties and consequences. While the Determination itself does not explicitly state penalties, failure to comply with the conditions or provide accurate documentation could result in incorrect assessment or non-payment of entitlements, which may have further legal and financial repercussions. The Social Security Act 1991 provides a framework within which these consequences can be enforced, potentially leading to fines, legal action, or other civil or criminal penalties for deliberate or negligent non-compliance.