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.
Overview
The Social Security (Crisis Payment—Qualifying Humanitarian Visas) Determination 2007 (No. 1) was enacted to address the financial hardship faced by individuals entering Australia on certain humanitarian visas, including Subclass 200 (Refugee), Subclass 201 (In-country Special Humanitarian), Subclass 202 (Global Special Humanitarian), Subclass 203 (Emergency Rescue), and Subclass 204 (Woman at Risk). This Determination, made under the Social Security Act 1991, aims to extend the eligibility for crisis payments to these humanitarian entrants to alleviate their initial financial burden during the settlement period in Australia. The policy objective behind this measure, as announced in the 2007 Budget, is to support humanitarian visa holders in overcoming the financial difficulties they may encounter immediately after their arrival in Australia. The Determination was made by the relevant authorities in accordance with subsection 1061JI(2) of the Act and commenced on 1 January 2008, following the enactment of the Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007.
Scope and Application
The Social Security (Crisis Payment—Qualifying Humanitarian Visas) Determination 2007 (No. 1) applies to individuals holding specific humanitarian visas, including Subclass 200 (Refugee), Subclass 201 (In-country Special Humanitarian), Subclass 202 (Global Special Humanitarian), Subclass 203 (Emergency Rescue), and Subclass 204 (Woman at Risk). The Determination enables these visa holders to qualify for a crisis payment upon their arrival in Australia, provided the claim for the payment is made within seven days of their arrival. The scope of this legislation is national, as it pertains to the Commonwealth's social security provisions under the Social Security Act 1991. The crisis payment itself was introduced to assist eligible individuals in severe financial hardship, including those released from prison or psychiatric confinement, those forced to leave their homes due to extreme circumstances, and those subjected to domestic or family violence. The Determination extends this support to humanitarian entrants, aiming to alleviate their financial burden during the initial settlement period in Australia. The Determination does not impose any significant compliance costs or business impacts and does not require a Regulatory Impact Statement due to its minor nature.
Key Provisions
The Social Security (Crisis Payment—Qualifying Humanitarian Visas) Determination 2007 (No. 1) outlines the criteria and provisions for humanitarian visa holders to be eligible for a crisis payment, under section 1061JI(2) of the Social Security Act 1991 (the Act). The primary objective of the Determination is to extend the eligibility for crisis payments to individuals who hold one of the specified humanitarian visas, specifically Subclass 200 (Refugee), Subclass 201 (In-country Special Humanitarian), Subclass 202 (Global Special Humanitarian), Subclass 203 (Emergency Rescue), and Subclass 204 (Woman at Risk), and who arrive in Australia on or after 1 January 2008. This measure is intended to alleviate the financial strain faced by humanitarian entrants during their initial settlement period in Australia.
The Determination imposes obligations on the visa holders to ensure that they meet the eligibility criteria by holding one of the specified humanitarian visas and making a claim for the crisis payment within seven days of their arrival in Australia. Additionally, the visa holders must ensure that they satisfy any other requirements prescribed under the Act or the Determination to qualify for the payment. The Act, prior to the amendments made by the Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007, already provided for crisis payments to be made to individuals who had been released from gaol or psychiatric confinement, forced to leave their homes due to extreme circumstances, or subjected to domestic or family violence.
There are no specified offences, penalties, or civil/criminal consequences directly associated with the breach of the provisions in the Determination. However, the failure to comply with the eligibility criteria or to make a claim for the crisis payment within the stipulated timeframe may result in the visa holder being ineligible for the payment. Furthermore, any fraudulent claims or misrepresentation of facts to qualify for the crisis payment may be subject to the provisions of the Social Security Act 1991, which may result in civil or criminal penalties, including fines and imprisonment. The maximum penalties for fraud under the Social Security Act 1991 are a fine of up to 120 penalty units (currently AUD 21,600) or imprisonment for up to five years, or both, for individuals, and a fine of up to 600 penalty units (currently AUD 108,000) or imprisonment for up to ten years, or both, for corporations.