Social Security (Deeming Threshold Rates) Determination 2025

Administered by Department of Social Services

Legislation au F2025L00989 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Social Services

 

Social Security Act 1991

 

Social Security (Deeming Threshold Rates) Determination 2025

 

Purpose

 

The Social Security (Deeming Threshold Rates) Determination 2025 (the Determination) sets out the below threshold and above threshold rates determined by the Minister for the purpose of calculating income from financial assets under section 1082 of the Social Security Act 1991 (the Act).

 

The effect of the Determination is to determine the below threshold rate as 0.75 per cent, and the above threshold rate as 2.75 per cent, for the purpose of calculating income from financial assets under Division 1B of Part 3.10 of the Act.

 

Background

 

The Act prescribes rules for calculating income from financial investments, for the purposes of the social security income test. Under these rules, the value of a person’s financial assets is added together and income is deemed on these assets using a ‘below threshold rate’ and an ‘above threshold rate’. These rates are generally known as the ‘deeming rates’.  

 

The deeming rates assume that financial investments are earning a certain rate of income, regardless of the amount of income they are actually earning. If a person earns more than these rates, the extra income is not assessed.

 

Where available investment returns are low, the deeming rates are set lower to reflect that income support recipients can earn less from their financial investments and therefore should have less income assessed under the income test. Conversely, where available investment returns are high, the deeming rates are generally set higher to reflect that social security recipients’ financial investments can earn higher returns, and as such, more income should be assessed under the income test.

 

The last change to the deeming rates occurred on 1 May 2020, as part of the early economic response to the COVID-19 pandemic. The Social Security (Deeming Threshold Rates) Determination 2020 (the 2020 Determination) set the below threshold rate as 0.25 per cent and the above threshold rate as 2.25 per cent.  

 

To ease cost of living pressures for pensioners and other income support recipients at a time when inflation had started to rise following the pandemic, the deeming rates were subsequently frozen at these levels until 30 June 2025.

 

From 1 July 2025, the first:

 

  • $64,200 of a single recipient’s total financial assets;
  • $106,200 of a pensioner couple’s total combined financial assets; and
  • $53,100 of each member of a couple’s (other than a pensioner couple), financial assets,

 

are deemed to earn the below threshold rate, and any financial assets over this amount are deemed to earn the above threshold rate. These thresholds are determined under section 1081 of the Act and indexed by movements in the Consumer Price Index on 1 July each year.

 

Outside the context of the emergency response to the pandemic and the deeming rate freeze, the deeming rates are subject to continuous review to ensure they reflect the investment returns that pensioners and other income support recipients can reasonably access on their investments. When setting the deeming rates, a wide range of investment indicators are taken into account. These include, but are not limited to:

 

  • returns on safe, accessible investments such as transaction accounts, savings accounts, and short-term term deposits;
  • returns on longer-term investments, such as long-term term deposits;
  • dividend yields from shares; and
  • returns on some forms of superannuation (such as account-based).

 

The Government has committed to gradually returning the deeming rates to pre-pandemic settings by aligning them with reasonably available investment returns. Changes to the deeming rates will occur at the same time as indexation of social security pensions and benefits, on 20 September and 20 March each year, and increases will be staged to allow time for affected recipients to adjust.

 

In line with this commitment, it is considered appropriate to increase the below threshold rate to 0.75 per cent and the above threshold rate to 2.75 per cent, effective from 20 September 2025. This is an incremental increase of 50 basis points to each deeming rate that leaves the deeming rates below the levels of return reasonably available in the current economic environment.

 

As a result of the increase in the below and above threshold deeming rates, the Determination will decrease the income support payment rates of some recipients with financial assets from 20 September 2025.

 

The Government has also announced the Australian Government Actuary will take on the role of recommending future deeming rates. The Minister will retain the power to make adjustments, including during exceptional circumstances or events.

 

The social security deeming rates also apply to the income test for income support payments under the Veterans’ Entitlements Act 1986, and as part of the assessment of a person’s capacity to make co-contributions toward the cost of inhome and residential aged care under the Aged Care Act 1997 and the Aged Care Act 2024.

 

The 2020 Determination is repealed and replaced by this Determination.

 

Authority

 

The Determination is made under section 1082 of the Act.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power is construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. In repealing the 2020 Determination, the Minister is relying on this provision in conjunction with section 1082 of the Act.

 

The Determination is a legislative instrument for the purposes of the
Legislation Act 2003 and is disallowable.

 

Commencement

 

The Determination commences on 20 September 2025.

 

Consultation

 

The Minister for Social Services publicly announced changes to deeming rates on 20 August 2025.

 

The Department of Social Services consulted the following agencies on the intention to make this Determination:

 

  • Services Australia, given the impact on income support payments administered by that agency.
  • The Department of Veterans’ Affairs, given the social security deeming rates also apply under the Veterans’ Entitlements Act 1986.
  • The Department of Health, Disability and Ageing, given the social security deeming rates are used as part of the assessment of a person’s capacity to make co-contributions for in-home and residential aged care under the Aged Care Act 1997 and the Aged Care Act 2024.

 

These agencies supported the Determination being made.

 

Impact Analysis

 

The Office of Impact Analysis (OIA) has been consulted and advised that an impact analysis is required. Further information is available on the OIA website.

 

Availability of independent review

 

A decision made under the social security law, as informed by the Determination, is subject to internal and external review under Parts 4 and 4A of the Social Security (Administration) Act 1999.

 


Explanation of the provisions

 

Details of the Social Security (Deeming Threshold Rates) Determination 2025

 

Section 1 – Name

 

Section 1 states how the Determination is to be cited, that is, as the Social Security (Deeming Threshold Rates) Determination 2025.

 

Section 2 - Commencement

 

Section 2 specifies that the Determination commences on 20 September 2025.

 

Section 3 – Authority

 

Section 3 provides that the Determination is made under section 1082 of the Social Security Act 1991.

 

Section 4 – Definition

 

Section 4 contains a definition of a term used in the Determination. 

 

Act is defined to mean the Social Security Act 1991.

 

Section 5 – Schedules

 

Section 5 provides that each instrument that is specified in a Schedule to the Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Determination has effect according to its terms.

 

Section 6 – Below Threshold Rate

 

Section 6 provides that for subsection 1082(1) of the Act, the below threshold rate for Division 1B of Part 3.10 of the Act is 0.75 per cent.

 

Section 7 – Above Threshold Rate

 

Section 7 provides that for subsection 1082(2) of the Act, the above threshold rate for Division 1B of Part 3.10 of the Act is 2.75 per cent.

 


Schedule 1 - Repeals

 

Item 1 of Schedule 1 repeals the Social Security (Deeming Threshold Rates) Determination 2020.  

 

The Determination is intended to remake the 2020 Determination.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Social Security (Deeming Threshold Rates) Determination 2025

 

The Social Security (Deeming Threshold Rates) Determination 2025 (the Determination) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

 

The Determination sets out the below threshold and above threshold rates determined by the Minister for the purpose of calculating income from financial assets under section 1082 of the Social Security Act 1991 (the Act).

 

The effect of this Determination is to determine the below threshold rate as 0.75 per cent, and the above threshold rate as 2.75 per cent, for the purpose of calculating income from financial assets under Division 1B of Part 3.10 of the Act.

 

From 1 July 2025, the first:

 

  • $64,200 of a single recipient’s total financial assets;
  • $106,200 of a pensioner couple’s total combined financial assets; and
  • $53,100 of each member of a couple’s (other than a pensioner couple), financial assets,

 

are deemed to earn the below threshold rate, and any financial assets over this amount are deemed to earn the above threshold rate. These thresholds are determined under section 1081 of the Act and indexed by movements in the Consumer Price Index on 1 July each year.

 

The deeming rates assume that financial investments are earning a certain rate of income, regardless of the amount of income they are actually earning. If a person earns more than these rates, the extra income is not assessed.

 

As a result of the increase in the below and above threshold deeming rates, the Determination will decrease the income support payment rates of some recipients with financial assets from 20 September 2025.

 

Human rights implications

 

The Determination engages the right to social security and the right to an adequate standard of living.

 

Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises the right to social security and requires a social security scheme to be established under domestic law that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.

 

Article 11 of the ICESCR recognises the right to an adequate standard of living, which provides that everyone is entitled to adequate food, clothing and housing and to the continuous improvement of living conditions.

 

This Determination has been created to ensure fair and equitable means test outcomes for recipients of income support who hold financial assets.

 

The changes to the deeming rates made by the Determination improve the consistency and fairness of social security means testing, and begin restoring the deeming rates to their intended function of reflecting the investment returns reasonably available to income support recipients. When the deeming rates are set disproportionately below the level of investment return reasonably available in the market, recipients with financial assets are treated concessionally compared to those with other sources of income (including employment income for working age recipients). This is inconsistent with the fundamental principle of Australia’s targeted social security system, according to which recipients with similar means should get similar income support outcomes.

 

Where available investment returns are low, the deeming rates are set lower to reflect that income support recipients can earn less from their financial investments and therefore should have less income assessment under the income test. Conversely, where available investment returns are high, the deeming rates are generally set higher to reflect that social security recipients’ financial investments can earn higher returns, and as such, more income should be assessed under the income test.

 

To the extent that the Determination limits the right to social security and the right to an adequate standard of living by decreasing the rate at which individuals receive social security payments from 20 September 2025, this limitation is legitimate, reasonable, necessary and proportionate.

 

By ensuring that income assessed from financial assets held by income support recipients reflects the investment income that can be reasonably achieved by recipients, this instrument enables a simple and fair assessment of financial investment income under the social security means test. This supports the aims of the social security system in appropriately recognising an individuals’ capacity for self-support when determining their rate of income support, improves horizontal equity within the social security system as a whole, and helps ensure the system remains sustainable for future generations.

 

Deeming is an assessment methodology and, as such, its application does not change the core parameters of the relevant income test, which include the income test free area and taper rates. The free areas and taper rates ensure a person is always financially better off if they have income in addition to their income support payment than if they have no additional income.  

 

Conclusion

 

This Determination is compatible with human rights as it promotes and supports a person’s right to social security and the right to an adequate standard of living. To the extent that the Determination limits these rights, this is legitimate, reasonable, necessary and proportionate.

 

The Hon Tanya Plibersek MP

Minister for Social Services

 

Overview

The Social Security (Deeming Threshold Rates) Determination 2025, enacted under the authority of the Minister for Social Services, amends the deeming rates for the calculation of income from financial assets under the Social Security Act 1991. This Determination is introduced to address the need for adjusting the deeming rates to reflect current economic conditions and ensure the fairness and sustainability of the social security system. The deeming rates are crucial in assessing the income of individuals receiving social security benefits, ensuring that the income support provided is fair and consistent with the actual investment returns that can be reasonably achieved. By setting the below threshold rate at 0.75 per cent and the above threshold rate at 2.75 per cent, effective from 20 September 2025, the Determination aims to align the deeming rates with the prevailing economic conditions, thereby reducing the income support payment rates of some recipients with financial assets. The changes are designed to improve the consistency and fairness of the social security means testing, and to restore the deeming rates to their intended function of reflecting the investment returns reasonably available to income support recipients.

Scope and Application

The Social Security (Deeming Threshold Rates) Determination 2025 applies to individuals and couples who receive income support payments and hold financial assets. It governs the calculation of income from these financial assets under Division 1B of Part 3.10 of the Social Security Act 1991. The determination sets the below threshold rate at 0.75 per cent and the above threshold rate at 2.75 per cent for calculating income from financial assets, effective from 20 September 2025. This legislative instrument is made under the authority of the Social Security Act 1991 and is subject to disallowance. It replaces the Social Security (Deeming Threshold Rates) Determination 2020 and is compatible with human rights, ensuring fair and equitable means test outcomes for income support recipients with financial assets. The changes made by the determination are intended to restore the deeming rates to reflect reasonably available investment returns, thereby improving horizontal equity and the sustainability of the social security system.

Key Provisions

The Social Security (Deeming Threshold Rates) Determination 2025 sets out the rates for calculating income from financial assets under the Social Security Act 1991. Specifically, section 6 of the Determination (Section 6) establishes that the below threshold rate is 0.75 per cent, while section 7 (Section 7) specifies that the above threshold rate is 2.75 per cent. These rates are intended to reflect the income that can be reasonably earned from financial assets, with the first $64,200 of a single recipient’s total financial assets, $106,200 of a pensioner couple’s total combined financial assets, and $53,100 of each member of a couple’s (other than a pensioner couple) financial assets, deemed to earn the below threshold rate. Any financial assets over these amounts are deemed to earn the above threshold rate. The thresholds are indexed by movements in the Consumer Price Index on 1 July each year, as specified under section 1081 of the Act (Section 1081). The Determination imposes obligations on the Minister for Social Services to set deeming rates that reflect reasonably available investment returns, ensuring fairness and consistency in the social security income test. The rates must be periodically reviewed and adjusted as necessary to align with current economic conditions. The Minister must also consult with relevant agencies, including Services Australia, the Department of Veterans’ Affairs, and the Department of Health, Disability and Ageing, to ensure that changes to the deeming rates do not adversely impact the administration of income support payments and the assessment of capacity to make co-contributions for aged care. Failure to comply with the requirements of the Determination may result in incorrect assessments of income from financial assets, leading to improper social security payments. While the Determination itself does not specify particular offences, penalties, or civil/criminal consequences for breaches, incorrect assessments could potentially result in overpayments or underpayments of social security benefits. Overpayments may need to be repaid, and underpayments may lead to disputes and reviews. Decisions made under the Social Security Act, as informed by the Determination, are subject to internal and external review under Parts 4 and 4A of the Social Security (Administration) Act 1999 (Social Security (Administration) Act 1999). Any significant non-compliance or maladministration could also be subject to scrutiny and potential penalties under relevant administrative and legislative frameworks. The Determination is made under section 1082 of the Social Security Act 1991 (Section 1082) and is a legislative instrument that is disallowable under the Legislation Act 2003. It commences on 20 September 2025, replacing the Social Security (Deeming Threshold Rates) Determination 2020, which is repealed by the new Determination. The Minister for Social Services has consulted with relevant agencies and the Office of Impact Analysis in preparing this Determination, ensuring it aligns with the broader objectives of the social security system and human rights principles.

Legal classification tags

Area of Law
Social Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions

Interactions

Authorises

All Versions

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.