Social Security (Employment Program Payments Not Counted As Income) Determination (No 2) 2024
I, Natalie James, Secretary of the Department of Employment and Workplace Relations, make the following notifiable instrument.
Dated 15 October 2024
Natalie James
Secretary, Department of Employment and Workplace Relations
Contents
1 Name
2 Commencement
3 Authority
4 Employment program for the purpose of paragraph 8(8)(zv)
Schedule 1—Repeals 2
Social Security (Employment Program Payments Not Counted As Income)
Determination 2024 2
1 Name
This instrument is the Social Security (Employment Program Payments Not Counted As Income) Determination (No 2) 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | At the start of the day after the instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 8(8AC) of the Social Security Act 1991.
4 Employment program for the purpose of paragraph 8(8)(zv)
(1) For the purposes of paragraph 8(8)(zv) of the Social Security Act 1991, each of the following is determined to be an employment program:
- ParentsNext; and
- Parent Pathways.
Note: For the purposes of paragraph 8(8)(zv) of the Social Security Act 1991, a payment made by the Commonwealth to an individual under an employment program is not limited to any particular method of payment.
Schedule 1—Repeals
Social Security (Employment Program Payments Not Counted As Income) Determination 2024
1 The whole of the instrument
Repeal the instrument
Overview
The Social Security (Employment Program Payments Not Counted As Income) Determination (No 2) 2024 was enacted to address the need for clarity and consistency in the administration of payments made under certain employment programs, ensuring these payments are not counted as income for social security purposes. This notifiable instrument was made by Natalie James, the Secretary of the Department of Employment and Workplace Relations, under subsection 8(8AC) of the Social Security Act 1991. The objective of this determination is to explicitly identify specific employment programs, namely ParentsNext and Parent Pathways, ensuring payments made under these programs are not treated as income for the purposes of social security assessments. This instrument aims to streamline the process by which these payments are administered, thereby ensuring compliance with social security regulations and reducing potential confusion for participants.
Scope and Application
The Social Security (Employment Program Payments Not Counted As Income) Determination (No 2) 2024 applies to specific employment programs designated under the Social Security Act 1991. This determination identifies "ParentsNext" and "Parent Pathways" as employment programs for which payments made by the Commonwealth are not to be considered income for social security purposes. These programs are intended to support individuals in gaining employment and transitioning into the workforce, and payments made under these programs are excluded from income assessments for social security benefits. The instrument applies nationally across Australia and is effective from the day after its registration, as stipulated in the commencement provisions. This determination operates under the authority of subsection 8(8AC) of the Social Security Act 1991 and effectively repeals the Social Security (Employment Program Payments Not Counted As Income) Determination 2024, replacing it with the current determination.
Key Provisions
The main operative sections of the Social Security (Employment Program Payments Not Counted As Income) Determination (No 2) 2024 (the Determination) specify the commencement date and details of the instrument, as well as the authority under which it was made. Section 2 outlines the commencement of the Determination, which occurs at the start of the day after the instrument is registered. Section 3 confirms that the Determination is made under subsection 8(8AC) of the Social Security Act 1991. Section 4 identifies the employment programs that are relevant for the purposes of paragraph 8(8)(zv) of the Social Security Act 1991, specifically ParentsNext and Parent Pathways. Section 1 of Schedule 1 repeals the previous Social Security (Employment Program Payments Not Counted As Income) Determination 2024.
The Determination imposes obligations and requirements on the parties involved by specifying that payments made by the Commonwealth to individuals under the employment programs of ParentsNext and Parent Pathways are not to be considered as income for the purposes of the Social Security Act 1991. This means that such payments do not affect the eligibility or amount of social security benefits that recipients may receive. The Determination also ensures that these payments are not limited to any particular method of payment, providing flexibility in how the payments are distributed.
The Determination does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, it is important to note that any failure to comply with the Social Security Act 1991, or any other relevant legislation, could result in legal consequences. For instance, providing false information to obtain payments or benefits could be considered fraud, which carries potential criminal penalties, including fines and imprisonment. The specific penalties for such offences are determined by the relevant legislation and the severity of the breach.