Social Security (Exemptions from Non‑payment and Waiting Periods ‑ Activities) Specification 2017

Administered by Department of Social Services

Legislation au F2017L00719 In force Legislative Instrument

Legislation content

Social Security (Exemptions from Nonpayment and Waiting Periods Activities) Specification 2017

made under subsections 500WA(3), 549A(6), 549CA(4), 553B(2A), 553C(5), 598(8A), 620(3), 633(5) and 634(2A) of the

Social Security Act 1991

Compilation No. 2

Compilation date: 20 October 2021

Includes amendments up to: F2021L01445

Registered: 14 December 2021

About this compilation

This compilation

This is a compilation of the Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017 that shows the text of the law as amended and in force on 20 October 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

1 Name

  This instrument is the Social Security (Exemptions from Nonpayment and Waiting Periods Activities) Specification 2017.

3 Authority

  This instrument is made under subsections 500WA(3), 549A(6), 549CA(4), 553B(2A), 553C(5), 598(8A), 620(3), 633(5) and 634(2A) of the Social Security Act 1991.

5 Definitions

  In this Specification:

Act means the Social Security Act 1991.

Rehabilitation program means rehabilitation program within the meaning of subsection 23 (1) of the Act.

Community Development Programme means the employment and participation programme serving identified remote areas starting on 1 July 2015.

COVID19 Australian Government payment means a payment or grant of financial assistance covered by item 492 of the table in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.

Stream C employment services means those services specified as Stream C in the jobactive Deed 20152020.

6 Specification of activities

  For paragraphs 500WA(2)(a), 549A(5)(a), 549CA(3)(a), 553B(2)(a), 553C(4)(a), 598(8)(a), 620(2)(a), 633(4)(a),and 634(2)(a) of the Act, the following activities are specified:

(a) an activity undertaken by a person as part of Stream C employment services provided to the person;

(b) a rehabilitation program;

(c) an activity undertaken by a person as part of the Community Development Programme where the person would otherwise have been referred to activities listed in paragraph (a) or (b) if not for the person being placed in the Community Development Programme.

7 Specification of activities for ordinary waiting period exemptions

 

(a) For paragraphs 500WA(2)(a), 549CA(3)(a) and 620(2)(a) of the Act, the following activities are specified:

 

i. the activity of making a claim for a social security payment during the period commencing 12 March 2020 and ending on 12 June 2020 and then receiving a social security payment for part or all of that period;

 

ii. the activity of making a claim for a social security payment by a person during any period they are entitled to a COVID-19 Australian Government payment;

 

iii. the activity of making a claim for a social security payment by a person on a day within 13 weeks after the day they were last entitled to a COVID-19 Australian Government payment.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Exemptions from Nonpayment and Waiting Periods Activities) Specification 2017

22 June 2017 (F2017L00719)

1 July 2017 (s 2(1) item 1)

 

Social Security (Ordinary Waiting Period Exemption) Instrument 2020

12 Mar 2020 (F2020L00247)

Sch 1: 12 Mar 2020 (s 2(1) item 3)

Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017

19 Oct 2021 (F2021L01445)

20 Oct 2021 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5.....................

am F2021L01445

s 7.....................

ad F2020L00247

 

am F2021L01445

 

 

Overview

The Social Security (Exemptions from Non-payment and Waiting Periods – Activities) Specification 2017, enacted in 2017, was introduced to provide exemptions from non-payment and waiting periods for specific activities under the Social Security Act 1991. This legislative instrument was made under various subsections of the Social Security Act and is intended to streamline and facilitate the provision of services to individuals in need of social security support. The enacting body was the Parliament of Australia, and the policy objective is to ensure that individuals do not face unnecessary barriers when accessing social security benefits by exempting certain activities from non-payment and waiting periods. This legislation aims to support activities that contribute to employment and rehabilitation, particularly those specified within Stream C employment services, rehabilitation programs, and the Community Development Programme, thereby addressing gaps that may hinder access to essential services. Additionally, the 2020 amendment to the specification introduced exemptions related to COVID-19 Australian Government payments to ensure continued support during the pandemic.

Scope and Application

The Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017, made under various subsections of the Social Security Act 1991, specifies certain activities that qualify for exemptions from non-payment and waiting periods for social security payments. This legislation applies to individuals who participate in specified activities, including those undertaken as part of Stream C employment services, rehabilitation programs, or the Community Development Programme. These activities are intended to assist individuals in transitioning to employment and are therefore exempt from certain payment and waiting period requirements. The scope of the Act extends to Commonwealth jurisdictions, affecting all persons engaged in the specified activities within Australia. The Act does not detail specific exclusions, but it is made clear that only those activities explicitly listed in the specification are eligible for exemptions. The Act's application may be further refined or extended through subordinate instruments, which would provide additional details or modify the scope of the specified activities and exemptions. The Act came into force on 1 July 2017 and has been subject to amendments, the latest of which was registered on 19 October 2021 and commenced on 20 October 2021. This recent amendment includes additional activities in response to the COVID-19 pandemic, such as making a claim for a social security payment during certain periods related to COVID-19 Australian Government payments. These adjustments aim to provide further support to individuals affected by the pandemic. The legislation history and amendment history provided in the endnotes offer comprehensive details of legislative changes and their commencement dates, ensuring practitioners are aware of the current legal framework.

Key Provisions

The Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017 specifies activities that exempt individuals from non-payment and waiting periods for social security payments. Section 6 of the specification details the activities that qualify for these exemptions, including activities undertaken as part of Stream C employment services, rehabilitation programs, and the Community Development Programme. Section 7 further specifies activities that exempt individuals from ordinary waiting periods, such as making a claim for a social security payment during certain periods related to COVID-19 Australian Government payments. The obligations and requirements imposed by the Act include ensuring that activities listed in the specification are correctly identified and that individuals participating in these activities meet the eligibility criteria. Service providers and participants must ensure that the activities undertaken are accurately reported to the relevant authorities to qualify for the exemptions. The Act mandates that the specified activities must be carried out in accordance with the terms set out in the jobactive Deed 2015-2020 and other relevant legislation. The legislation also outlines the consequences for non-compliance. Section 5 of the Act specifies that any person who knowingly makes a false statement or representation in relation to eligibility for the exemptions may be subject to penalties. The maximum penalties for such offences can include fines and, in serious cases, imprisonment. Additionally, any individual found to have falsely claimed exemptions may be liable for repayment of any benefits received under false pretences, along with potential interest and other financial repercussions. Non-compliance with the Act’s requirements could also lead to administrative actions, such as audits and investigations by the relevant authorities.

Legal classification tags

Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Reporting & Disclosure Obligations

Interactions

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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.