EXPLANATORY STATEMENT
Social Security (Declaration of Visa in a class of Visas—Special Benefit Activity Test) Determination 2005
The Social Security (Declaration of Visa in a class of Visas—Special Benefit Activity Test) Determination 2005 (the Determination) is made under subparagraph 729(2)(f)(v) of the Social Security Act 1991 (the Act).
Purpose
The Determination provides that any person who is the holder of a subclass 070 (Bridging (Removal Pending)) (Class WR) visa, who qualifies for special benefit may be required to satisfy the activity test as provided for in section 731A of the Act.
The holders of these subclass 070 visas are unlawful non-citizens who have been held in detention centres for extended periods because of a variety of reasons that have made their removal from Australia difficult. The holders of these subclass 070 visas are not refugees.
Background
Section 729 of the Act provides the qualification requirements for special benefit. Subparagraph 729(2)(g)(i) provides that a person who is the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to whom this subparagraph applies then subsection 729(2A) of the Act applies to that person and the person is also required to meet the additional criteria set out in subsection 729(2B) of the Act.
Subsection 729(2A) of the Act provides that subparagraph 729(2)(g)(i) applies only if the person would not qualify for a disability support pension if they were an Australian resident, the person has attained the minimum age for youth allowance but has not reached pension age and either the claim for special benefit is not continuous with any previous grant of special benefit or the person had not, before 1 January 2003, attained the minimum age for youth allowance and is receiving a special benefit granted before, or continuous with special benefit granted before, that date.
Subsection 729(2B) of the Act primarily requires the person to enter into a Special Benefit Activity Agreement, or at least be prepared to enter into such an agreement, in order to be entitled to receive a special benefit.
Consultation
No consultation in relation to the Determination was undertaken because this legislative instrument is of a minor or machinery nature that does not substantially alter existing arrangements.
Explanation of the provisions
Section 1 of the Determination states the name of the determination.
Section 2 states that the Determination commenced on the day on which it is signed.
Section 3 provides that for the purposes of subparagraph 729(2)(g)(i) of the Act a class of visas is subclass 070 (Bridging (Removal Pending)) (Class WR).