Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020

Administered by Department of Social Services

Legislation au F2020L00310 Not in force Legislative Instrument

Legislation content

Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020

made under item 40A of Schedule 11 to the

Coronavirus Economic Response Package Omnibus Act 2020

Compilation No. 3

Compilation date:    25 September 2020

Includes amendments up to: Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020 [F2020L01093]

 

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020 that shows the text of the law as amended and in force on 25 September 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Modifications

Schedule 1—Modifications of the Social Security Act 1991

Schedule 2—Modifications of the Social Security (Administration) Act 1999

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020.

3  Authority

  This instrument is made under item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

4  Modifications

  Each modification of the operation of a provision of a social security law (within the meaning of the Social Security Act 1991) as set out in a Schedule to this instrument is determined for the purposes of item 40A of Schedule 11 to the Coronavirus Economic Response Package Omnibus Act 2020.

Schedule 1—Modifications of the Social Security Act 1991

 

1  Variation of section 500

Section 500 of the Social Security Act 1991 is varied by adding the following subsection:

 (5) Paragraph (1)(d) does not apply to a person during the period covered by subsection 504(2).

2  Disapplication of paragraph 540BA(1)(b)

Paragraph 540BA(1)(b) of the Social Security Act 1991 does not apply.

3  Variation of section 547B

Subsection 547B(2) of the Social Security Act 1991 is varied by omitting the words “who is not undertaking full‑time study and is not a new apprentice”.

7  Variation of section 557

Subsection 557(1) of the Social Security Act 1991 is varied by omitting the words “and the person is not undertaking full‑time study and is not a new apprentice”.

Schedule 2—Modifications of the Social Security (Administration) Act 1999

 

1  Variation of section 13

Section 13 of the Social Security (Administration) Act 1999 is varied by inserting the following subsections after subsection (3A):

 (3B) For the purposes of the social security law, if:

 (a) an unsuccessful attempt is made to contact the Department by or on behalf of a person in relation to a claim for a social security payment on a particular day (the attempted contact day); and

 (b) the attempted contact day occurs during the period starting on 23 March 2020 and ending on 28 March 2020; and

 (c) the Department is contacted by or on behalf of the person in relation to the claim no later than 29 March 2020; and

 (d) the person:

 (i) is, on the attempted contact day, qualified for the social security payment; or

 (ii) becomes, on a later day, qualified for the social security payment; and

 (e) the person lodges a claim for the social security payment no later than 8 May 2020;

the person is taken to have made a claim for the social security payment:

 (f) if the person was qualified for the payment on the attempted contact day—on 23 March 2020; or

 (g) if the person was qualified for the payment on a later day—on the later day.

 (3C) For the purposes of the social security law, if:

 (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment on a particular day (the contact day); and

 (b) the contact day occurs during the period starting on 23 March 2020 and ending on 29 March 2020; and

 (c) the person:

 (i) is, on the contact day, qualified for the social security payment; or

 (ii) becomes, on a later day, qualified for the social security payment; and

 (d) the person lodges a claim for the social security payment no later than 8 May 2020;

the person is taken to have made a claim for the social security payment:

 (e) if the person was qualified for the payment on the contact day—on 23 March 2020; or

 (f) if the person was qualified for the payment on a later day—on the later day.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020

25 Mar 2020 (F2020L00310)

25 Mar 2020 (s 2(1) item 1)

 

Social Security (Coronavirus Economic Response—2020 Measures No. 9) Determination 2020

17 Apr 2020 (F2020L00440)

Sch 2 (item 1): 30 Mar 2020 (s 2(1) item 1)

—

Social Security (Coronavirus Economic Response—2020 Measures No. 7) Determination 2020

1 May 2020 (F2020L00545)

Sch 2: 25 Mar 2020 (s 2(1) item 1)

—

Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020

30 August 2020 (F2020L01093)

Sch 2 (item 4): 25 Sep 2020 (s 2(1) item 4)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

Schedule 1

 

item 4...................

rep F2020L00545

item 5...................

rep F2020L00545

item 6...................

rep F2020L00545

item 8...................

rep F2020L01093

item 9...................

rep F2020L00545

item 10..................

rep F2020L00545

item 11..................

rep F2020L00545

Schedule 2

 

item 1...................

am F2020L00440

 

Overview

The Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020, enacted under the Coronavirus Economic Response Package Omnibus Act 2020, was introduced to address the economic impact of the COVID-19 pandemic on Australians by modifying the Social Security Act 1991 and the Social Security (Administration) Act 1999. The objective of this determination was to provide temporary relief and support to those affected by the pandemic, including easing administrative burdens for claimants. The Commonwealth Parliament enacted this determination to provide immediate assistance by modifying eligibility criteria and administrative processes to ensure that those in need could access support without undue hardship. This legislation aimed to facilitate the timely distribution of social security payments by adjusting certain provisions and extending deadlines for claims, ensuring that individuals and families could access the necessary support during this period of economic uncertainty. By amending the operation of specific sections within these Acts, the determination sought to streamline the application process and support those most affected by the pandemic.

Scope and Application

The Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020 applies to individuals who are receiving or applying for social security payments under the Social Security Act 1991 and the Social Security (Administration) Act 1999. It specifically modifies the operation of these acts in response to the economic impacts of the COVID-19 pandemic, affecting the eligibility criteria and application processes for social security payments. The provisions of this determination have a Commonwealth reach and apply across Australia, affecting a broad range of sectors and individuals impacted by the pandemic. While the primary focus is on providing relief and support to those in need, there are exclusions and thresholds outlined in the act, such as specific timeframes for lodging claims and certain qualifications for eligibility. The application and effect of the act can be further extended or restricted through subordinate instruments, which may include additional regulations or amendments.

Key Provisions

The Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020 (the Determination) is an instrument made under the Coronavirus Economic Response Package Omnibus Act 2020, specifically under item 40A of Schedule 11 (subsection 40A(1)). This Determination modifies the Social Security Act 1991 and the Social Security (Administration) Act 1999 to provide relief measures in response to the COVID-19 pandemic. The key modifications include changes to eligibility criteria for certain social security payments and procedural adjustments related to claims for social security payments made during a specified period. Section 500 of the Social Security Act 1991 is varied to exclude certain individuals from the application of subsection 500(1)(d) during the period covered by subsection 504(2) (Schedule 1, item 1). Paragraph 540BA(1)(b) is disapplied to ensure broader eligibility for payments (Schedule 1, item 2). Subsection 547B(2) is modified to remove the requirement that an individual must not be undertaking full-time study or be a new apprentice to be eligible for certain payments (Schedule 1, item 3). Similarly, subsection 557(1) is amended to remove the same restrictions (Schedule 1, item 4). The Social Security (Administration) Act 1999 is also modified to adjust the timeframes for making claims for social security payments during the pandemic period. Specifically, subsections 13(3B) and 13(3C) of section 13 provide that if an individual attempts or successfully contacts the Department regarding a claim within certain dates, they are treated as having made the claim on an earlier specified date (Schedule 2, item 1). The Determination imposes obligations on individuals eligible for social security payments to comply with the modified eligibility criteria and procedural requirements. It requires the Department of Social Services to apply the modified provisions when assessing claims for social security payments during the specified period. Additionally, the Determination mandates that any claims made within the altered timeframes must adhere to the new procedural rules outlined in section 13 of the Social Security (Administration) Act 1999. Failure to comply with the provisions of this Determination could result in denial of social security payments or other penalties as outlined in the primary legislation. The Social Security Act 1991 and the Social Security (Administration) Act 1999 contain provisions for penalties and enforcement measures, which apply to breaches of the modified provisions. These may include fines and other civil or criminal penalties as prescribed by the respective Acts. However, the Determination itself does not specify penalties, as these are governed by the underlying Acts.

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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.