Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2)
as amended
made under subparagraph 729(2)(f)(v) of the
This compilation was prepared on 19 November 2015 taking into account amendments made by the Social Security (Class of Visas – Qualification for Special Benefit) Amendment Determination 2015 (F2015L01805).
Prepared by the Department of Social Services.
About this compilation
This compilation
This is a compilation of the Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No.2) as in force on 1 January 2016. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 19 November 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
1 Name of determination
This Determination is the Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2).
2 Commencement
This Determination commences on 1 October 2015.
3 Revocation
The following determinations are revoked:
(a) Social Security (Class of Visas – Qualification for Special Benefit) Determination 2004;
(b) Social Security (Class of Visas – Qualification for Special Benefit) Determination 2004 (No. 2);
(c) Social Security (Class of Visas – Qualification for Special Benefit) Determination 2009;
(d) Social Security (Class of Visas – Qualification for Special Benefit) Determination 2014; and
(e) Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015.
4 Class of visas
(1) For the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, classes of visas are:
(aa) Subclass 060 (Bridging F);
(a) Subclass 070 (Bridging (Removal Pending));
(b) Subclass 309 (Partner (Provisional));
(c) Subclass 449 (Humanitarian Stay (Temporary));
(d) Subclass 785 (Temporary Protection);
(e) Subclass 786 (Temporary (Humanitarian Concern));
(f) Subclass 790 (Safe Haven Enterprise);
(g) Subclass 820 (Partner); and
(h) if the circumstances in subsection (2) are met, a criminal justice stay visa granted under subsection 155(2) of the Migration Act 1958.
(2) For paragraph (1)(h), the circumstances are that the criminal justice stay visa was granted for the purpose of assisting in the administration of criminal justice in relation to an offence of:
(a) trafficking in persons;
(b) slavery; or
(c) slavery-like practices.
Note to the Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No.2)
The Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015(No.2) in force under subparagraph 729(2)(f)(v) of the Social Security Act 1991 as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | FRLI registration number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No.2) Social Security (Class of Visas – Qualification for Special Benefit) Amendment Determination 2015 | F2012L01542 F2015L01805 | 30 September 2015 17 November 2015 | 1 October 2015 1 January 2016 | |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Paragraph 4(1)(aa) | am; F2015L01805 |
|
Overview
The Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2) was enacted to address the issue of ensuring that individuals on certain temporary visas are eligible for specific social security benefits, aligning with their unique circumstances and contributions to society. This legislative instrument was made under subparagraph 729(2)(f)(v) of the Social Security Act 1991 by the Department of Social Services and commenced on 1 October 2015. The primary policy objective is to provide clarity and accessibility to social security benefits for individuals on temporary visas, ensuring they receive the support necessary to maintain their wellbeing while in Australia. This Determination revokes previous related determinations to streamline the legislative framework and incorporate updated visa classifications.
Scope and Application
The Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2) applies to certain classes of visas as specified under subparagraph 729(2)(f)(v) of the Social Security Act 1991. This legislation pertains to visa holders who are eligible for special benefits under the Social Security Act. The classes of visas covered include Subclass 060 (Bridging F), Subclass 070 (Bridging (Removal Pending)), Subclass 309 (Partner (Provisional)), Subclass 449 (Humanitarian Stay (Temporary)), Subclass 785 (Temporary Protection), Subclass 786 (Temporary (Humanitarian Concern)), Subclass 790 (Safe Haven Enterprise), and Subclass 820 (Partner). Additionally, a criminal justice stay visa granted under subsection 155(2) of the Migration Act 1958 for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery, or slavery-like practices also qualifies. The determination revokes previous determinations made in 2004, 2009, 2014, and 2015, consolidating the visa classes eligible for special benefits into this single determination. The jurisdictional reach of this determination is governed by the Commonwealth of Australia, impacting visa holders across the nation.
Key Provisions
The Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2) outlines the specific classes of visas that qualify for the Special Benefit under the Social Security Act 1991. According to section 4(1) of the Determination, the classes of visas that qualify include Subclass 060 (Bridging F), Subclass 070 (Bridging (Removal Pending)), Subclass 309 (Partner (Provisional)), Subclass 449 (Humanitarian Stay (Temporary)), Subclass 785 (Temporary Protection), Subclass 786 (Temporary (Humanitarian Concern)), Subclass 790 (Safe Haven Enterprise), and Subclass 820 (Partner). Additionally, section 4(2) specifies that a criminal justice stay visa granted under subsection 155(2) of the Migration Act 1958 also qualifies if it was granted to assist in the administration of criminal justice in relation to an offence of trafficking in persons, slavery, or slavery-like practices. This Determination came into effect on 1 October 2015 and replaced previous determinations listed in section 3.
The Act imposes certain obligations on individuals holding the specified visas. These visa holders are required to meet the eligibility criteria set out in the Determination to qualify for the Special Benefit. They must provide necessary documentation and information to the Department of Social Services to substantiate their visa status and other relevant circumstances. Furthermore, visa holders must comply with any other conditions or requirements set by the Department as part of their eligibility for the Special Benefit. Failure to meet these obligations may result in disqualification from receiving the benefit.
In terms of penalties and consequences for non-compliance, section 729(2)(f)(v) of the Social Security Act 1991 outlines the potential civil and criminal penalties for fraudulent claims or misrepresentation of facts in connection with the Special Benefit. Civil penalties may include the recovery of amounts wrongly paid, financial penalties, and the requirement to repay any benefits received. Criminal penalties may involve fines and imprisonment, depending on the severity of the offence. The exact penalties are not specified in the Determination but are subject to the provisions of the Social Security Act 1991 and any applicable regulations or subsidiary legislation.