Social Security (Deming Threshold Rates) Determination 2019

Administered by Department of Social Services

Legislation au F2019L00989 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Issued by the authority of the Minister for Families and Social Services

 

Social Security Act 1991

 

Social Security (Deeming Threshold Rates) Determination 2019

 

Purpose

The Social Security Act 1991 (the Act) prescribes rules for calculating income from financial investments.  These rules are generally known as deeming rules.  Under these rules the value of a person’s financial assets are added together and income is deemed on these assets using a ‘below threshold rate’ and an ‘above threshold rate’.  From 1 July 2019, the first:

  • $51,800 of a single person’s financial assets
  • $86,200 of a pensioner couple’s combined financial assets
  • $43,100 of each member of a couple who is a social security allowance recipient’s financial assets

is deemed to earn the below threshold rate, and the balance over this amount is deemed to earn the above threshold rate. These thresholds are indexed to the Consumer Price Index, and increase on 1 July each year.

 

Background

 

Under section 1082 of the Act, the below threshold and above threshold rates for the purposes of Division 1B of Part 3.10 of the Act are determined, by legislative instrument, by the Minister.

 

Deeming rates are subject to continuing review to ensure they reflect the returns available in the market to people for their financial investments.

The principles that are considered when reviewing the deeming rates include: 

  • deeming should be a simple and fair way to assess income from financial investments, so that people with the same amount held in different financial assets receive a similar assessment;
  • deeming should reduce the extent to which income support payments fluctuate; and
  • deeming should simplify investment choice to encourage people to choose investments on their merits.

When setting the deeming rates, a wide range of investment indicators are taken into account, including, but not limited to:

  • returns on safe, accessible investments such as transaction accounts, savings accounts, bonus savings accounts and short-term term deposits
  • returns on longer-term investments, such as long-term term deposits
  • dividend yields from shares
  • returns on superannuation.

Based on these factors, it is considered appropriate to reduce the below threshold rate to 1.00 per cent and the above threshold rate to 3.00 per cent, from 1 July 2019.

 

The Social Security (Deeming Threshold Rates) Determination 2019 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.

Commencement

The Determination commences on 1 July 2019.

Retrospective commencement of the Determination means the reduced below threshold and above threshold rates for the purposes of Division 1B of Part 3.10 of the Act will apply to income from financial investments from 1 July 2019. As a result, any increase that may apply to the rate at which individuals receive social security and veterans’ affairs pensions and allowances will apply from this date. Since there will be no decrease to the rate of a person’s pension or allowance as a result of the new rates, the change will not have a disadvantageous effect on the rights of a person as at 1 July 2019. The rate changes will not impose liabilities on people with relevant financial investments.

Consistent with subsection 12(4) of the Legislation Act 2003, the Act does not contain any provision contrary to retrospective commencement of the Determination.

Consultation

Consultation for this Determination is not necessary. The Determination is of a machinery nature. Existing arrangements are not substantially altered; the Determination does not change the operation of the deeming provisions. Rather, deeming rates are being changed, informed by returns available in the market for financial investments.

Regulation Impact Statement (RIS)

The Office of Best Practice Regulation confirmed that a Regulation Impact Statement is not required for the Determination because the Determination is not regulatory in nature, will not impact on business activity, and will have no, or minimal, compliance costs or effect on competition (OBPR ID 25319).

Explanation of the provisions

Section 1 sets out the name of the Determination.

Section 2 provides that the Determination commences on 1 July 2019.

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

Section 4 provides that ‘Act’ means the Social Security Act 1991.

Section 5 provides that the following instruments are revoked on the commencement of the Determination:

  • Social Security (Deeming Threshold Rates) (DEEWR) Determination 2013 (No.1)
  • Social Security (Deeming Threshold Rates) (DIISRTE) Determination 2013
  • Social Security (Deeming Threshold Rates) Determination 2015 (No.1)

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 shall be 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.

The Social Security (Deeming Threshold Rates) (DEEWR) Determination 2013 and Social Security (Deeming Threshold Rates) (DIISRTE) Determination 2013 are no longer required as the relevant provisions of the social security law now fall solely within the responsibility of the Minister for Families and Social Services. The Determination will replace the Social Security (Deeming Threshold Rates) Determination 2015 (No.1).

Section 6 sets out the below threshold rate of 1.00 per cent.

Section 7 sets out the above threshold rate of 3.00 per cent.

Schedule 1

Schedule 1, item 1 repeals the Social Security (Deeming Threshold Rates) (DEEWR) Determination 2013 (No.1).

Schedule 1, item 2 repeals the Social Security (Deeming Threshold Rates) (DIISRTE) Determination 2013.

Schedule 1, item 3 repeals the Social Security (Deeming Threshold Rates) Determination 2015 (No.1).

 

 

 

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 2019

 

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 will have the effect of changing the deeming rates from 1.75 per cent and 3.25 per cent for the below and above threshold deeming rates respectively, to 1.00 and 3.00 per cent.  The deeming rates are used to assess income from financial investments for social security and veterans’ affairs pension/allowance purposes. From 1 July 2019, the first:

  • $51,800 of a single person’s financial assets
  • $86,200 of a pensioner couple’s combined financial assets
  • $43,100 of each member of a couple who is a social security allowance recipient’s financial assets

is deemed to earn the below threshold rate, and the balance over this amount is deemed to earn the above threshold rate. These thresholds are indexed to the Consumer Price Index, and increase 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.

 

Deeming rates are subject to continuing review to ensure they are set to reflect the returns available in the market to people for their financial investments.

The principles that are considered when reviewing the deeming rates include: 

  • deeming should be a simple and fair way to assess income from financial investments, so that people with the same amount held in different financial assets receive a similar assessment;
  • deeming should reduce the extent to which income support payments fluctuate; and
  • deeming should simplify investment choice to encourage people to choose investments on their merits.

When setting the deeming rates, a wide range of investment indicators are taken into account, including, but not limited to:

  • returns on safe, accessible investments such as transaction accounts, savings accounts, bonus savings accounts and short-term term deposits
  • returns on longer-term investments, such as long-term term deposits
  • dividend yields from shares
  • returns on superannuation.

As a result of the reduction in the below and above threshold deeming rates the Determination may increase the rate at which individuals receive social security and veterans’ affairs pensions and allowances.

Human rights implications

The Instrument engages the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights. The right to social security requires that a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system. The social security scheme must provide 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.

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

These changes are made to ensure that the income testing of social security payments operates consistently and fairly as financial market conditions change. Where returns from financial products are high, the deeming rate is set higher to ensure that social security recipients who hold financial products have more income assessed for the relevant income test. Conversely, when returns are low, the deeming rate is set lower to enable less income to be counted for the assessment of recipients’ income support payments.

By ensuring that the income assessed from financial assets held by income support recipients are reflects the income that can be reasonably achieved by recipients, the Instrument promotes an accurate and fair assessment 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. It also supports the social security system to remain sustainable for future generations.

Deeming is merely an assessment methodology and, as such, its application does not change the core parameters of the relevant income test, which include the income free threshold and taper rates.

Conclusion

The Determination is compatible with human rights.

 

 

 

The Hon Anne Ruston MP, Minister for Families and Social Services

 

Overview

The Social Security (Deeming Threshold Rates) Determination 2019 was enacted to address the need for adjusting deeming rates, which are used to assess income from financial investments for the purposes of social security payments. This legislative instrument was introduced by the Minister for Families and Social Services and is consistent with the principles outlined in the Social Security Act 1991. The primary objective of this Determination is to ensure that the income assessed from financial assets held by social security recipients reflects the income that can reasonably be achieved by recipients, thereby supporting a fair and sustainable social security system. The deeming rates are set to reflect the returns available in the market for financial investments, ensuring that deeming remains a simple, fair, and effective way to assess income from financial investments. The Determination reduces the deeming rates from 1.75 per cent and 3.25 per cent for the below and above threshold rates respectively, to 1.00 per cent and 3.00 per cent, effective from 1 July 2019. This change will apply retrospectively, meaning it will impact income from financial investments from the same date. The revised rates are designed to ensure that the income testing of social security payments operates consistently and fairly as financial market conditions change. By aligning the deeming rates with market returns, the Determination supports the aims of the social security system in appropriately recognising an individual's capacity for self-support when determining their rate of income support.

Scope and Application

The Social Security (Deeming Threshold Rates) Determination 2019 applies to individuals, couples, and pensioner couples who are recipients of social security and veterans’ affairs pensions and allowances, as well as those with financial assets. The Determination sets the rates at which income from financial investments is assessed for the purposes of these payments, specifically targeting the deeming rates for such investments. The determination sets a lower deeming rate for the first $51,800 of a single person's financial assets, $86,200 of a pensioner couple's combined financial assets, and $43,100 of each member of a couple who is a social security allowance recipient's financial assets, with any balance over these amounts being assessed at a higher rate. These rates are indexed to the Consumer Price Index and increase on 1 July each year. The determination is applicable nationally across Australia and is made under the Social Security Act 1991, which is a Commonwealth Act. The rates are set to reflect the returns available in the market for financial investments, with the aim of ensuring a fair and simple way to assess income from financial investments, reducing fluctuations in income support payments, and simplifying investment choice. The Determination revokes previous deeming threshold rates determinations, specifically the Social Security (Deeming Threshold Rates) (DEEWR) Determination 2013, the Social Security (Deeming Threshold Rates) (DIISRTE) Determination 2013, and the Social Security (Deeming Threshold Rates) Determination 2015 (No.1). The Determination is compatible with human rights, including the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The main operative sections of the Social Security (Deeming Threshold Rates) Determination 2019 include sections 6 and 7, which set the below threshold rate at 1.00 per cent and the above threshold rate at 3.00 per cent. These sections apply to the income from financial investments of single individuals, pensioner couples, and couples where one member is a social security allowance recipient. For single individuals, the first $51,800 of financial assets is deemed to earn the below threshold rate, with any amount above this earning the above threshold rate. For pensioner couples, the first $86,200 of their combined financial assets is subject to the below threshold rate, and for social security allowance recipient couples, the first $43,100 of each member's financial assets is deemed under the below threshold rate. These rates are indexed to the Consumer Price Index and will increase annually on 1 July. The Determination imposes obligations on the government to review and adjust the deeming rates periodically to reflect market returns on financial investments. It ensures that the income assessment from financial assets held by income support recipients accurately reflects the income that can reasonably be achieved by recipients. The deeming rates are designed to provide a simple, fair, and stable assessment methodology, reducing fluctuations in income support payments and encouraging investment choices based on merit. Offences and penalties under the Social Security Act 1991 are not explicitly detailed in the Determination, but any breach of the deeming rules or misrepresentation of financial assets could lead to penalties under the broader provisions of the Act. These penalties can include financial penalties, disqualification from receiving benefits, or prosecution for fraud. The Act allows for the imposition of fines and imprisonment for offences related to false statements or fraudulent claims. The Social Security (Deeming Threshold Rates) Determination 2019 ensures the deeming rates are set in a manner that is compatible with human rights, particularly the right to social security. By regularly reviewing and adjusting the rates, the Determination promotes an equitable and fair assessment process that supports the sustainability and integrity of the social security system.

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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.