EXPLANATORY STATEMENT
Social Security (Crisis Payment—Qualifying Humanitarian Visas) Determination 2007 (No. 1)
The Social Security (Crisis Payment—Qualifying Humanitarian Visas) Determination 2007 (No. 1) (the Determination) is made under subsection 1061JI(2) of the Social Security Act 1991 (the Act).
Purpose
The purpose of the Determination is to enable any person who is the holder of any of the following humanitarian visas:
(i) a Subclass 200 (Refugee);
(ii) a Subclass 201 (In-country Special Humanitarian);
(iii) a Subclass 202 (Global Special Humanitarian);
(iv) a Subclass 203 (Emergency Rescue); and
(v) a Subclass 204 (Woman at Risk);
after they arrive in Australia to be able to qualify for a crisis payment.
Background
Section 1061JI of the Act was inserted into the Act by Item 2 of Schedule 3 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 (Act Number 183 of 2007) with effect from 1 January 2008.
Crisis payment was introduced in November 1999 to assist eligible people in severe financial hardship. The Act, prior to the amendments made by Act Number 183 of 2007, made provision for the payment of a crisis payment for people who have been:
(i) released from gaol or from psychiatric confinement;
(ii) forced to leave their home and establish a new home due to an extreme circumstance such as a natural disaster or domestic violence; and
(iii) subjected to domestic or family violence and who choose to remain in the home after removal of a family member due to domestic or family violence.
The amendments made to crisis payment by Act Number 183 of 2007 give effect to a measure announced in the 2007 Budget to extend crisis payment to certain people who have entered Australia for the first time on a qualifying humanitarian visa on or after 1 January 2008. Crisis payment is being extended to this group of people to help reduce the significant financial burden faced by humanitarian entrants during the initial settlement period.
The Determination ensures that those people arriving in Australia and holding one of the specified visa Subclasses are able to qualify for a crisis payment if a claim for this payment is made within 7 days of their arrival.
Consultation
Consultation in relation to the Determination was undertaken with the Department of Immigration and Citizenship to confirm which visa holders the Determination was to be applied to and to confirm the description of those visa subclasses.
Regulatory Impact Analysis
The Determination does not require a Regulatory Impact Statement and/or a Business Cost Calculator Figure. The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact. It is not expected that any compliance costs will be incurred by business (against the nine categories listed) as a result of the making of the Determination.
There was no requirement to prepare a Regulation Impact Statement in regard to the Determination, as they are of a minor or machinery nature.
Explanation of the provisions
Section 1 of the Determination states the name of the legislative instrument.
Section 2 states that the Determination commences on 1 January 2008 immediately after the commencement of Act Number 183 of 2007.
Section 3 provides for the purposes of paragraph 1061(1)(b) of the Act that any person who is the holder of any of the specified subclass of visa will qualify for a crisis payment.