Social Security Legislation Amendment (Family Participation Measures) Act 2011

Administered by Department of Social Services

Legislation au C2011A00173 In force Act

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Social Security Legislation Amendment (Family Participation Measures) Act 2011

 

No. 173, 2011

 

 

 

 

 

An Act to amend the social security law, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Social Security Act 1991

Social Security (Administration) Act 1999

 

 

 

Social Security Legislation Amendment (Family Participation Measures) Act 2011

No. 173, 2011

 

 

 

An Act to amend the social security law, and for related purposes

[Assented to 5 December 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Social Security Legislation Amendment (Family Participation Measures) Act 2011.

2  Commencement

  This Act commences on 1 January 2012.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Social Security Act 1991

1  Subsection 23(1) (definition of subject to participation requirements)

After “paragraph 500(1)(c)”, insert “or (1)(ca)”.

2  After paragraph 500(1)(c)

Insert:

 (ca) in a case where the person is in a class of persons specified by legislative instrument under subsection (2)—the person meets any participation requirements that apply to the person under section 500A; and

3  At the end of section 500

Add:

 (2) For the purposes of paragraph (1)(ca), the Minister may, by legislative instrument, specify a class of persons.

4  After subsection 501A(1)

Insert:

 (1A) Without limiting the requirements that a Parenting Payment Employment Pathway Plan may contain, a plan relating to a person to whom paragraph 500(1)(ca) applies may contain requirements relating to one or more of the following:

 (a) the person’s education;

 (b) the health of a PP child of the person;

 (c) the education of a PP child of the person.

7  Paragraph 729(2)(bc)

After “paragraph 500(1)(c)”, insert “or (1)(ca)”.

8  After subsection 1223(1C)

Insert:

Some parenting payment overpayments are not debts

 (2) If:

 (a) an amount has been paid to a person by way of parenting payment; and

 (b) the person is someone to whom paragraph 500(1)(ca) applies; and

 (c) the amount was paid on the basis that the person was qualified for parenting payment when the person was not qualified only because the person failed to meet one or more participation requirements that applied to the person under section 500A;

the amount is not a debt due to the Commonwealth.

9  After subsection 1223(7)

Insert:

Some parenting payment supplements are not debts

 (7A) Despite subsection (7), if:

 (a) an amount has been paid to a person by way of parenting payment; and

 (b) the person is someone to whom paragraph 500(1)(ca) applies; and

 (c) when the amount was calculated, the rate of the person’s parenting payment was increased by an amount (a supplement amount) of any of the following:

 (i) approved program of work supplement;

 (ii) training supplement;

 (iii) National Green Jobs Corps supplement; and

 (d) the amount of parenting payment was paid on the basis that the person was qualified for parenting payment when the person was not qualified only because the person failed to meet one or more participation requirements that applied to the person under section 500A;

the supplement amount is not a debt due to the Commonwealth.

Social Security (Administration) Act 1999

10  After paragraph 42C(4)(b)

Insert:

 (ba) the person is someone to whom section 42SB applies; or

11  After paragraph 42E(4)(d)

Insert:

 (da) the person is someone to whom section 42SB applies; or

12  Subsection 42H(3)

Repeal the subsection, substitute:

Limitation on determining reconnection failures

 (3) Despite subsection (1), the Secretary must not determine that a person commits a reconnection failure if:

 (a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

 (b) the person is someone to whom section 42SB applies.

Note: The Secretary must take certain matters into account for the purposes of paragraph (a) (see section 42U). For the purposes of paragraph (a), see also section 42UA (about prior notification of excuses).

13  At the end of subsection 42M(3)

Add:

 ; or (c) if the person is someone to whom section 42SB applies.

14  Subsection 42N(2)

Repeal the subsection, substitute:

 (2) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:

 (a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

 (b) the person is someone to whom section 42SB applies.

Note: The Secretary must take certain matters into account for the purposes of paragraph (a) (see section 42U).

15  Subsection 42S(2)

Repeal the subsection, substitute:

 (2) Despite paragraph (1)(a), the Secretary must not make a determination under that paragraph in relation to a person if:

 (a) the Secretary is satisfied that the voluntary act was reasonable; or

 (b) the person is someone to whom section 42SB applies.

16  After subsection 42SA(1)

Insert:

 (1A) Despite subsection (1), the Secretary must not make a determination under that subsection that a participation payment is not payable to a person if the person is someone to whom section 42SB applies.

17  After Subdivision EA of Division 3A of Part 3

Insert:

Subdivision EB—Failures by certain recipients of parenting payments

42SB  Suspension of payments for certain failures

 (1) This section applies in relation to a person who:

 (a) is receiving a participation payment that is a parenting payment; and

 (b) is someone to whom paragraph 500(1)(ca) of the 1991 Act applies.

 (2) The Secretary may determine that the parenting payment is not payable to the person if:

 (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); or

 (b) the person fails to comply with a requirement under section 501 of the 1991 Act to enter into an employment pathway plan; or

 (c) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or

 (d) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.

 (3) The parenting payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of:

 (a) the day before the day on which the person notifies the Secretary that the person intends to comply with the requirement; or

 (b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a)—that earlier day.

 (4) If a period ends under subsection (3) in relation to the person, then, subject to the social security law, the parenting payment becomes payable to the person for that period.

18  Paragraph 42U(1)(c)

Omit “subsection 42H(3)”, substitute “paragraph 42H(3)(a)”.

19  Paragraph 42U(1)(d)

Omit “subsection 42N(2)”, substitute “paragraph 42N(2)(a)”.

20  Subsection 42UA(2)

Omit “subsection 42H(3)”, substitute “42H(3)(a)”.

21  Application

Paragraph 500(1)(ca) of the Social Security Act 1991, as inserted by this Schedule, applies for the purpose of determining whether a person is qualified for parenting payment for a period beginning on or after 1 January 2012.

 

[Minister’s second reading speech made in—

Senate on 21 September 2011

House of Representatives on 23 November 2011]

(203/11)

 

Overview

The Social Security Legislation Amendment (Family Participation Measures) Act 2011, enacted by the Parliament of Australia, was introduced to address issues related to social security participation requirements, particularly for those receiving parenting payments. The Act seeks to amend the existing social security law by introducing specific measures to ensure that recipients of parenting payments comply with certain participation requirements. This includes modifying the criteria for qualifying for parenting payments and addressing instances where overpayments or supplements might occur due to non-compliance with participation requirements. The policy objective of the Act is to enhance the effectiveness of the social security system by ensuring that individuals receiving parenting payments are actively participating in activities that support their employment and personal development. This is achieved through the introduction of legislative instruments that specify classes of persons subject to participation requirements and the conditions under which parenting payments may be suspended or deemed not payable due to non-compliance with these requirements.

Scope and Application

The Social Security Legislation Amendment (Family Participation Measures) Act 2011 amends the Social Security Act 1991 and the Social Security (Administration) Act 1999 to introduce measures relating to the participation requirements for certain recipients of parenting payments. Specifically, the Act introduces a new provision that allows the Minister to specify, by legislative instrument, a class of persons who must meet certain participation requirements to be eligible for parenting payments. These requirements may include education and health-related obligations pertinent to the person or their children. The Act also provides that certain overpayments and supplements of parenting payments are not to be considered debts if the recipient failed to meet the participation requirements. Additionally, the Act alters the conditions under which the Secretary may determine that a person commits a failure, including the failure to comply with certain requirements or to participate in an activity or attend an appointment as stipulated in their employment pathway plan. The Act applies to individuals who are receiving a participation payment that is a parenting payment and who fall into the class of persons specified by the Minister under the amended Social Security Act 1991. The Act’s provisions commenced on 1 January 2012 and apply nationally across Australia.

Key Provisions

The Social Security Legislation Amendment (Family Participation Measures) Act 2011 introduces several amendments to existing social security laws. These changes are primarily aimed at modifying the eligibility criteria for certain social security payments and introducing new participation requirements for recipients of these payments. Section 1 of the Act specifies that it may be cited as the Social Security Legislation Amendment (Family Participation Measures) Act 2011, while Section 2 sets the commencement date as 1 January 2012. The amendments are detailed in Schedule 1, which modifies the Social Security Act 1991 and the Social Security (Administration) Act 1999. The primary operative sections of this Act include amendments to the definition of "subject to participation requirements" under section 23(1) of the Social Security Act 1991, introducing a new subparagraph (1)(ca). This new subparagraph specifies that certain classes of persons, determined by the Minister through legislative instruments, must meet participation requirements under section 500A to be eligible for parenting payments. Additionally, section 500A is amended to allow the Minister to specify these classes via legislative instruments. Under section 501A, plans for these persons may include requirements related to education, health, and the education of their children. The Act also modifies the conditions under which parenting payment overpayments and supplements are not considered debts, as outlined in sections 729 and 1223 of the Social Security Act 1991. The obligations imposed by the Act on the parties it governs primarily involve compliance with the newly introduced participation requirements. Recipients of parenting payments must meet specific conditions set out in their employment pathway plans, including participation in designated activities and attendance at required appointments. Failure to comply with these requirements can result in the suspension of their parenting payments, as detailed in section 42SB of the Social Security (Administration) Act 1999. Additionally, the Secretary of the Department of Human Services is mandated to consider reasonable excuses and specific circumstances when determining failures to comply with participation requirements, as outlined in sections 42H(3), 42N(2), and 42S(2) of the Social Security (Administration) Act 1999. The Act also delineates the consequences for breaches of its provisions, primarily through the suspension of parenting payments. According to section 42SB of the Social Security (Administration) Act 1999, the Secretary may determine that a parenting payment is not payable to a person who fails to comply with specified requirements, including employment pathway plan obligations. This suspension occurs from the date of the first failure until the person either intends to comply or the Secretary determines a more appropriate end date. While the Act does not explicitly state civil or criminal penalties for breaches, the financial consequence of payment suspension serves as a significant deterrent. The severity of these consequences is further underscored by the detailed provisions on the circumstances under which payments may be deemed non-debts, reinforcing the importance of compliance with the Act’s requirements.

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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.