Overview

The Social Security (Local Area Coordination Scheme) Determination 2000 was enacted to address the need for integrating disability services with income support payments under the Social Security Act 1991. This legislative instrument was introduced by Jocelyn Margaret Newman, the Minister for Family and Community Services, to streamline the process for individuals receiving income support payments who also require additional support under the Local Area Coordination Scheme. The objective is to ensure that the benefits provided under the Local Area Coordination Scheme are recognised and approved within the broader framework of social security. This determination allows for the coordination and funding of personal care support for individuals with disabilities, thereby enhancing the effectiveness of both social security and disability services. The determination was made under section 35A of the Social Security Act 1991 and commenced on 1 July 2000.

Scope and Application

The Social Security (Local Area Coordination Scheme) Determination 2000 applies to individuals who are receiving an income support payment and who subsequently begin to receive funding under the Local Area Coordination Scheme as defined in the Disability Services Act 1993 (NT). This scheme, which provides funding for personal care support for individuals with disabilities who are not service providers, is approved for the purposes of the Social Security Act 1991. The geographic reach of this determination is within the Commonwealth of Australia, as it is a legislative instrument made under the Social Security Act 1991, a Commonwealth Act. The determination does not explicitly mention any exclusions, exemptions, or thresholds, but it does extend the application of the Social Security Act 1991 by recognising the Local Area Coordination Scheme as an approved scheme for the purposes of providing additional support to eligible individuals.

Key Provisions

The main operative sections of this determination revolve around the recognition of the Local Area Coordination Scheme (LACS) under the Social Security Act 1991 as an approved scheme for certain individuals. Specifically, Section 4 states that if a person is receiving an income support payment and begins to receive funding under the LACS, then the LACS is deemed an approved scheme for the purposes of the Act. This means that individuals who meet these criteria will have their scheme recognised under the Act, potentially allowing them to access benefits or services that are contingent on this recognition (Section 4(a) and 4(b)). The obligations and requirements imposed by this determination primarily concern the eligibility criteria for having the LACS recognised as an approved scheme. For the scheme to qualify, the individual must be receiving an income support payment as defined in the Social Security Act 1991 and must also be receiving funding under the LACS as per the Disability Services Act 1993 (NT). This dual requirement ensures that only those who are both receiving income support and personal care support under the LACS can have their scheme recognised under the Act. Regarding consequences for breach, the determination itself does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, it operates within the broader framework of the Social Security Act 1991, which may impose penalties for misrepresentation, fraud, or other breaches related to income support payments. These penalties could include fines, imprisonment, or both, depending on the severity and nature of the breach. It is important to note that any enforcement actions would be governed by the overarching provisions of the Social Security Act 1991.