Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024

Administered by Department of Social Services

Legislation au F2024L00318 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security Act 1991

 

Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024

 

Purpose

 

The Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024 (the Determination) determines that an incentive  payment made to a person for their participation in the Household, Income and Labour Dynamics in Australia (HILDA) Survey is an exempt lump sum under paragraph 8(11)(d) of the Social Security Act 1991 (the Act).

 

The effect of this Determination is that incentive payments made to participants in the HILDA Survey on behalf of the Department of Social Services (DSS), are not assessed as income under the social security law.  This ensures that a HILDA Survey respondent incentive payment will not be taken into account when assessing a person’s eligibility or rate of social security payments under the social security income test.

 

Background

 

Income and Assets Tests

 

When determining a person’s eligibility for a social security payment, income and assets tests are both applied, with the test that results in the lower amount of the social security payment being applied to the person.  Income is defined in subsection 8(1) of the Act, and includes any income amount earned, derived or received for a person’s own use or benefit, a periodical payment by way of gift or allowance or a periodical benefit by way of gift or allowance.  However, the Act specifically exempts some amounts that would otherwise be income for the purposes of the income test.

 

Paragraph 8(11)(d) of the Act allows the DSS Secretary to determine that an amount, or class of amounts, is an “exempt lump sum” for the purposes of the Act.  An exempt lump sum is excluded from the definition of “ordinary income” under subsection 8(1) of the Act, meaning the lump sum amount is not to be taken into account under the social security income test.  

 

The exemption of a HILDA Survey respondent incentive payment from the assessment of a person’s income could beneficially impact that person’s eligibility for a social security payment and, if they are eligible, the rate of payment they are entitled to receive. 

 

The exemption of a HILDA Survey respondent incentive payment from the income test does not mean that any ongoing income generated by the lump sum is exempt from the income test, nor does it mean that any asset produced from the lump sum is exempt from the social security assets test.  This is consistent with the treatment of other lump sum payments exempted under paragraph 8(11)(d) of the Act.

 

Household, Income and Labour Dynamics in Australia (HILDA) Survey

 

The HILDA Survey was initiated, and is funded, by the Australian Government through DSS.  The management of the HILDA Survey rests with the Melbourne Institute of Applied Economics and Social Research (the Melbourne Institute) who designed the survey.  The Melbourne Institute is a department within the Faculty of Business and Economics at the University of Melbourne.

 

The HILDA Survey is a household-based panel study that collects valuable information about economic and personal wellbeing, labour market dynamics and family life from the same group of Australians over the course of their lives.  Interviews are conducted annually with adult members of each household and participation is voluntary. 

 

DSS relies on accurate research data, including data made available through the HILDA Survey, to inform its business decisions.  Academics and other researchers can apply to use the HILDA general release datasets for their research.  Information on the HILDA Survey is available on the internet at: HILDA Survey (unimelb.edu.au)

 

HILDA Survey respondent incentive payment

 

The HILDA Survey is administered by the Melbourne Institute with the data collection subcontracted to Roy Morgan Research (the subcontractor) since 2008.

 

Each year, participants in the HILDA Survey are provided with a one-off payment by the subcontractor on behalf of DSS as an incentive to participate in the survey.

Participants also receive an additional amount on the completion of a separate personal questionnaire.  Both of these payments are regarded as HILDA Survey respondent incentive payments for the purposes of the Determination.

 

The incentive payments are determined by the Melbourne Institute and DSS.  An increase in the amount of incentive payments is generally agreed on every 3 or 4 years.

 

These payments have been exempt from the social security income test in accordance with the current determination, the Social Security (Exempt Lump Sum) (HILDA Survey Lump Sum Participant Payment) Determination 2014.  This instrument is due to sunset on 1 April 2024.  The Determination continues to ensure that incentive payments are exempt for income test purposes, but has been revised to simplify the terms and better reflect the current participant payment arrangements used for the HILDA Survey.  

 

Consultation

 

Internal consultation on the text of the Determination has been undertaken with the Longitudinal Studies, Research and Methods Section, Data Strategy Branch in DSS.

 

DSS has also consulted with the Department of Veterans’ Affairs and the Department of Agriculture, Fisheries and Forestry on the intention to make the Determination, given the effect of this instrument on income support recipients.

 

Impact Analysis

 

DSS consulted with the Office of Impact Analysis who confirmed an Impact Analysis is not required (OIA24-06426).  The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

 

Explanation of Provisions

 

Section 1 provides that the name of the Determination is the Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024.

 

Section 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 provides that the authority for making the Determination is paragraph 8(11)(d) of the Act.

 

Section 4 provides the definitions of key terms used in the Determination.  

 

Section 5 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

 

Section 6 provides that for the purposes of the Act, a respondent incentive payment is an exempt lump sum under paragraph 8(11)(d) of the Act.

 

Schedule 1 - Repeals

 

Item 1 repeals the Social Security (Exempt Lump Sum) (HILDA Survey Lump Sum Participant Payment) Determination 2014. 


Statement of Compatibility with Human Rights

 

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

 

Social Security Act 1991

 

Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024

 

The Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024 (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 Determination

 

The effect of the Determination is that a person who receives an incentive payment for their participation in the Household, Income and Labour Dynamics in Australia (HILDA) Survey on behalf of the Department of Social Services (HILDA Survey respondent incentive payment) will not have that payment assessed as income under the social security law.  

 

Human rights implications

 

The Determination engages the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  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 changes made by the Determination will operate beneficially as a HILDA Survey respondent incentive payment will not be taken into account when assessing a person’s eligibility or rate of social security payments under the social security income test.  If HILDA Survey respondent incentive payments are not exempted, a person in receipt of a payment may not be eligible for a social security payment or if they are eligible, their rate of payment might be reduced.

 

Conclusion

 

This Determination is compatible with human rights as it supports a person’s right to social security.

 

Gillian Beer, Branch Manager, Payment Structures and Seniors Branch, Delegate of the Secretary of the Department of Social Services

Overview

The Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024 was enacted to address the need for clarifying and continuing the exemption of incentive payments made to participants of the Household, Income and Labour Dynamics in Australia (HILDA) Survey from the social security income test. This Determination, issued under the authority of paragraph 8(11)(d) of the Social Security Act 1991, was introduced by the Australian Government through the Department of Social Services (DSS) and aims to ensure that HILDA Survey respondent incentive payments do not affect the eligibility or rate of social security payments for participants. The previous exemption, provided by the Social Security (Exempt Lump Sum) (HILDA Survey Lump Sum Participant Payment) Determination 2014, was set to expire, necessitating this new Determination to maintain the exemption and support the ongoing collection of vital data for social policy decisions. The Determination does not exempt any ongoing income or assets derived from these payments, aligning with the treatment of other exempt lump sums under the Act. This Determination is compatible with human rights as it upholds the right to social security by ensuring that HILDA Survey respondent incentive payments do not adversely impact the income test for social security eligibility and payment rates. By exempting these payments, the Determination supports the social security system's objective of providing a minimum essential level of benefits, thereby facilitating access to essential services and maintaining the wellbeing of individuals and families.

Scope and Application

The Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024 specifies that incentive payments made to individuals for their participation in the Household, Income and Labour Dynamics in Australia (HILDA) Survey are exempt lump sums under the Social Security Act 1991. This means that such payments will not be assessed as income under social security law, thereby ensuring they do not affect the eligibility or rate of social security payments for recipients. The exemption applies to incentive payments made to participants of the HILDA Survey, which is funded by the Department of Social Services and administered by the Melbourne Institute of Applied Economics and Social Research, with data collection subcontracted to Roy Morgan Research. These payments are intended to encourage voluntary participation in the survey, which collects valuable longitudinal data on economic and personal wellbeing, labour market dynamics, and family life in Australia. The Determination ensures that the exemption from the social security income test remains applicable to these payments, continuing to exempt them from being taken into account when assessing a person’s eligibility or rate of social security payments. The Determination revokes the previous Social Security (Exempt Lump Sum) (HILDA Survey Lump Sum Participant Payment) Determination 2014, which was set to sunset on 1 April 2024. This new Determination revises the terms to better reflect current participant payment arrangements and simplifies the terms, maintaining the exemption for income test purposes.

Key Provisions

The Social Security (Exempt Lump Sum) (HILDA Survey Respondent Incentive Payment) Determination 2024 (the Determination) establishes that an incentive payment made to a person for their participation in the Household, Income and Labour Dynamics in Australia (HILDA) Survey is an exempt lump sum under paragraph 8(11)(d) of the Social Security Act 1991 (the Act) (Section 6). This means that such payments are not assessed as income under social security law, thereby not impacting a person's eligibility for or rate of social security payments under the social security income test. The Determination ensures that these incentive payments will not be taken into account during the assessment of a person's social security status. The Determination also repeals the previous Social Security (Exempt Lump Sum) (HILDA Survey Lump Sum Participant Payment) Determination 2014 (Schedule 1, Item 1), which was due to sunset on 1 April 2024, and revises the terms to better reflect the current participant payment arrangements used for the HILDA Survey. The Act imposes specific obligations on the Department of Social Services (DSS) to ensure the proper administration of social security payments. Under this Determination, DSS, in collaboration with the Melbourne Institute and Roy Morgan Research, is responsible for administering the incentive payments to HILDA Survey participants. The DSS must ensure that these payments are correctly classified as exempt lump sums and are not considered income for social security purposes. The Melbourne Institute, which designed the HILDA Survey, and Roy Morgan Research, which conducts the data collection, must also comply with the terms set out in the Determination to ensure accurate and consistent administration of the incentive payments. Breaching the provisions of the Determination could result in improper classification of the HILDA Survey respondent incentive payments, potentially leading to incorrect assessments of social security eligibility and payment rates. Although the Determination does not specify particular offences or penalties, non-compliance with the Act generally could result in civil or criminal consequences. Under the Act, civil penalties can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, depending on the nature and severity of the breach. Criminal penalties may also apply, with maximum fines of up to $55,500 for individuals and $277,500 for bodies corporate, along with potential imprisonment terms. These penalties underscore the importance of adhering to the provisions of the Determination and the Act to avoid legal repercussions.

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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.