Overview

The Social Security (Disability Services Queensland Personal Care Support) Determination No. 1 2004 was enacted to address the need for financial assistance in the provision of personal care support under the Disability Services Act 1992 in Queensland. This legislative instrument was created by Kay Christine Lesley Patterson, the Minister for Family and Community Services, under the authority of section 35A of the Social Security Act 1991. The primary objective of this determination is to ensure that the provision of a grant for personal care support is recognised as an approved scheme, thereby facilitating the financial assistance necessary for individuals requiring such support. This determination was designed to streamline the process of providing financial aid to those in need, ensuring that the required support services are accessible and effectively implemented.

Scope and Application

The Social Security (Disability Services Queensland Personal Care Support) Determination No.1 2004 applies to individuals receiving financial assistance for personal care support under the Disability Services Act 1992 (Qld). The legislation identifies that the provision of such grants constitutes an approved scheme for the purposes of section 35A of the Social Security Act 1991. This means that individuals receiving these grants may have their financial assistance managed in accordance with the Social Security Act 1991, thereby ensuring that they are treated appropriately within the social security framework. The jurisdictional reach of this determination is limited to Queensland, as it pertains specifically to the Disability Services Act 1992 (Qld). There are no explicit exclusions, exemptions, or thresholds mentioned in the determination, and it does not extend or restrict its application through subordinate instruments. The determination commences on the date it is signed, which is 19th May 2004.

Key Provisions

The main operative sections of the Social Security (Disability Services Queensland Personal Care Support) Determination No.1 2004 include the citation of the determination (section 1), the interpretation of key terms (section 2), the commencement of the determination (section 3), and the approval of a scheme for financial assistance in respect of personal care support (section 4). The determination, titled "Social Security (Disability Services Queensland Personal Care Support) Determination No.1 2004," clarifies that it is made under section 35A of the Social Security Act 1991 by Kay Christine Lesley Patterson, the Minister for Family and Community Services, and it officially comes into effect on the date it is signed. The interpretation section defines the term "Act" to mean the Social Security Act 1991, ensuring clarity in the application of the determination. The approved scheme, as stated in section 4, involves the provision of a grant of financial assistance for personal care support under the Disability Services Act 1992 (Qld). The obligations and requirements imposed by this determination on the parties or entities it governs include the provision of financial assistance for personal care support as outlined under the Disability Services Act 1992 (Qld). The determination ensures that such assistance is recognised as an approved scheme under section 35A of the Social Security Act 1991. This means that entities responsible for administering disability services in Queensland must align their financial support frameworks with the approved scheme to ensure compliance with federal social security laws. Additionally, the determination mandates that the financial assistance provided should meet the standards and criteria established under the Disability Services Act 1992 (Qld), thereby ensuring that recipients of such support receive adequate care and services. The determination also includes provisions for potential offences, penalties, or civil and criminal consequences for breach. While the specific penalties are not detailed within the text of the determination, breaches of the approved scheme or non-compliance with the requirements under the Social Security Act 1991 could lead to legal action. The penalties for such breaches could include fines, legal sanctions, or other civil or criminal consequences as prescribed by relevant legislation. The maximum penalties would be determined based on the nature and severity of the breach, in accordance with the provisions of the Social Security Act 1991 and any other applicable laws. This underscores the importance of adhering to the approved scheme and ensuring that all financial assistance provided is in line with the legislative requirements.