Social Security Legislation Amendment (Technical Changes) Act 2025

Administered by Department of Social Services

Legislation au C2025A00006 In force Act

Legislation content

 

 

 

 

 

 

Social Security Legislation Amendment (Technical Changes) Act 2025

No. 6, 2025

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Dependent youth rate for disability support pension

Part 1—Amendments

Social Security Act 1991

Part 2—Validation and application provisions

 

 

 

Social Security Legislation Amendment (Technical Changes) Act 2025

No. 6, 2025

 

 

 

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

[Assented to 14 February 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Social Security Legislation Amendment (Technical Changes) Act 2025.

2  Commencement

 (1) Each provision of this Act 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 Act

The day after this Act receives the Royal Assent.

15 February 2025

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Dependent youth rate for disability support pension

Part 1—Amendments

Social Security Act 1991

1  Subsection 1067A(12)

Omit “A person is independent”, substitute “For the purposes of this Part and Parts 2.11, 2.11B and 3.7 (except sections 1070F and 1070N), a person is independent”.

Part 2—Validation and application provisions

2  Validation—disability support pension rate for people with partial capacity to work

(1) This item applies if:

 (a) a thing was done, or purportedly done, under a law of the Commonwealth before the commencement of this item; and

 (b) the thing was done, or purportedly done, on the basis that a person was not independent for the purposes of working out:

 (i) the maximum basic rate of disability support pension that was or would be payable to the person; or

 (ii) whether the person qualified for rent assistance because the person complied with subsection 1070F(2) of the Social Security Act 1991; or

 (iii) the rate of rent assistance payable to the person under section 1070N of that Act; and

 (c) the thing done, or purportedly done, would, apart from this item, be wholly or partly invalid or ineffective only because the person was in fact independent for the purposes of working out the matter mentioned in subparagraph (b)(i), (ii) or (iii) of this subitem; and

 (d) the person was independent for that purpose only because of subsection 1067A(12) of that Act.

(2) The thing done, or purportedly done, is taken for all purposes to be valid and effective, and to have always been valid and effective.

(3) To avoid doubt, anything else done or purportedly done before the commencement of this item that would, apart from subitem (2), be wholly or partly invalid or ineffective is taken for all purposes to be, and to have always been, valid and effective.

(4) To avoid doubt, subitems (2) and (3) apply despite any effect they may have on the accrued rights of any person.

3  Application of amendments

(1) Section 1067A of the Social Security Act 1991, as amended by this Act, applies on and after the commencement of this item in relation to working out the rate of a person’s disability support pension in respect of days occurring before, on or after that commencement.

(2) However, section 1067A of the Social Security Act 1991, as in force immediately before that commencement, continues to apply on and after that commencement in relation to working out the rate of a person’s disability support pension in respect of a day occurring before that commencement if:

 (a) a determination of that rate, made under the social security law before that commencement, was in effect on that day; and

 (b) the determination was made on the basis that the person was independent for the purposes of working out that rate for that day.

(3) Except to the extent provided by subitems (1) and (2), section 1067A of the Social Security Act 1991, as amended by this Act, applies on and after the commencement of this item in relation to the doing of a thing under a law of the Commonwealth that requires the working out of the maximum basic rate of disability support pension:

 (a) that is or would be payable to a person on or after that commencement; or

 (b) that was or would have been payable to a person before that commencement.

(4) To avoid doubt, subitems (1) to (3) have effect:

 (a) whether the person’s claim for disability support pension is made or granted before, on or after the commencement of this item; and

 (b) even if the working out is done in connection with the review of a decision (including, without limitation, review under section 126 or 129 of the Social Security (Administration) Act 1999 or review by the ART).

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 5 February 2025

Senate on 12 February 2025]

(8/25)

 

Overview

The Social Security Legislation Amendment (Technical Changes) Act 2025, enacted by the Parliament of Australia and assented to on 14 February 2025, addresses technical issues within the existing social security framework, particularly focusing on the determination of independence for individuals receiving disability support pension. This legislation seeks to ensure that actions taken under the Social Security Act 1991 prior to its enactment remain valid, even if the individual was deemed independent under previous definitions. The Act's primary objective is to maintain the integrity and effectiveness of past administrative decisions and actions, ensuring that individuals' entitlements are not compromised due to technical legislative oversights. The commencement of the Act's provisions occurred the day after its assent, on 15 February 2025. The Act includes validation provisions to protect the status of past determinations and actions, ensuring that they are recognised as valid and effective regardless of whether the individual was actually independent. This legislative intervention is crucial for maintaining the stability and predictability of social security benefits. By addressing these technical issues, the Act aims to uphold the policy objective of providing consistent and reliable support to those in need, while also ensuring that the social security system operates smoothly and efficiently.

Scope and Application

The Social Security Legislation Amendment (Technical Changes) Act 2025 applies to individuals who are beneficiaries of the Social Security Act 1991, specifically those who receive disability support pension payments. This Act is enacted at the Commonwealth level and applies across Australia. The Act aims to amend the Social Security Act 1991 to modify the criteria for determining whether a person is independent for the purposes of working out the maximum basic rate of disability support pension. This change is designed to ensure consistency and clarity in the application of the law. The Act does not introduce any significant exclusions or exemptions; rather, it seeks to validate actions taken under the previous criteria and apply the new criteria prospectively to ensure fairness and effectiveness in the administration of social security benefits. Additionally, the Act provides for the validation of actions taken under the previous criteria, ensuring that any actions taken prior to the commencement of the Act are recognised as valid and effective.

Key Provisions

The Social Security Legislation Amendment (Technical Changes) Act 2025 amends the Social Security Act 1991 to revise the criteria for determining the independence of individuals for the purposes of calculating their disability support pension (DSP). Section 1 of the Act changes the wording in subsection 1067A(12) of the Social Security Act 1991, specifying that for the purposes of Parts 2.11, 2.11B, and 3.7 of the Act, a person is deemed to be independent if they meet the criteria outlined in the amended text. This change aims to provide clarity and ensure consistency in the application of the independence criteria across relevant sections of the Act. The Act imposes specific obligations on relevant parties to adhere to the new criteria for determining independence. For example, the Department of Social Services must ensure that any determinations made before the Act's commencement continue to apply if they were based on the previous criteria of independence, as outlined in section 2. Additionally, section 3 clarifies the application of the amendments to ensure that any actions taken under the Act before its commencement are validated and considered effective, regardless of the individual's actual independence status at that time. In terms of penalties and consequences, the Act does not explicitly state penalties for breaches of its provisions. However, under the Social Security Act 1991, there are general provisions for penalties related to false statements or misleading information provided in applications for benefits, which may apply here. These penalties can include fines, imprisonment, or both, depending on the severity and intent of the breach. The specific penalties would be in accordance with the provisions of the Social Security Act 1991 and any related legislation.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Validation and Application Provisions

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.