Social Security (NSW Lifetime Care and Support Scheme – Self-purchasing of treatment, rehabilitation and care services) (FaHCSIA) Determination 2011

Administered by Department of Social Services

Legislation au F2011L00980 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Social Security (NSW Lifetime Care and Support Scheme Selfpurchasing of treatment, rehabilitation and care services) (FaHCSIA) Determination 2011

 

Summary

This Determination provides that the NSW Lifetime Care and Support Scheme  Self-purchasing of treatment, rehabilitation and care services is an ‘approved scheme’ under section 35A of the Act. 

A person for whom a payment is made under the NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services scheme may also receive a social security payment.  The effect of this Determination is that the person will not have the payment that was received under the NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services taken into account for the purposes of the income test under the social security law.

Background

Under the social security law, income includes any income amount earned, derived or received for a person’s own use or benefit.  However, the social security law specifically excludes some amounts from being income.  Paragraph 8(8)(zi) of the Social Security Act 1991 (the Act) provides that a payment towards the cost of personal care support services for the person, being a payment made under a scheme approved under section 35A, is not income for the purposes of the Act.

Section 35A of the Act allows the relevant Minister to determine in writing that a scheme for the provision of personal care support is an ‘approved scheme’ for the purposes of the Act.  Since 1992, a number of schemes have been approved for the purposes of section 35A of the Act.

Explanation of the Determination

This Determination approves the NSW Lifetime Care and Support Scheme  Self-purchasing of treatment, rehabilitation and care services as an approved scheme under section 35A of the Act.  This Determination has effect in relation to social security income support payments coming within the portfolio responsibility of the Minister for Families, Housing, Community Services and Indigenous Affairs.

The Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) provides for the payment of reasonable expenses for treatment and care needs of persons injured in motor accidents.  The Lifetime Care and Support Authority of New South Wales constituted under the Motor Accidents (Lifetime Care and Support) Act (NSW) administers the making of payments under the Scheme provided for by that Act.  A person who has suffered a motor accident injury may be eligible to be a participant in the Scheme in respect of the injury.

The NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services forms a component of this broader Scheme.   Under the NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services, the Authority pays an amount to cover the reasonable costs of treatment, rehabilitation and care services of the participant related to the participant’s motor accident injury.  Such services support the participant in their home and in the community. 

The NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services does not provide income support for persons injured in motor accidents.  Instead, payments are made under this scheme to cover the cost of treatment, rehabilitation and care services incurred by the participant in this scheme, as they relate to the motor accident injury and as are reasonable and necessary in the circumstances.

The effect of this Determination is that a person who receives the benefit of a payment under the NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services and who also receives a social security payment, will not have the payment under the NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services taken into account for the purposes of the income test under social security law.

Commencement

This Determination will commence on the day after it is registered.

Consultation

This Determination was made in response to a request from the Lifetime Care and Support Authority of New South Wales.

The Commonwealth Department of Education, Employment and Workplace Relations has been consulted to ensure a co-ordinated and consistent approach to the administration of payments made under the NSW Lifetime Care and Support Scheme Self-purchasing of treatment, rehabilitation and care services, for all social security income support payments under the Act.  It is expected that the Minister for Tertiary Education, Skills, Jobs and Workplace Relations will make a corresponding Determination for the purposes of the social security income support payments within the Minister’s portfolio responsibility.

This Determination is beneficial to income support recipients because it excludes payments made under the NSW Lifetime Care and Support Scheme  Self-purchasing of treatment, rehabilitation and care services from being taken into account as income under the social security law.  Public consultation was therefore seen as unnecessary.

Regulatory Impact

This Determination does not require a Regulatory Impact Statement, as it is not regulatory in nature, does not impact on business activity and will have no, or minimal compliance costs.

Overview

The Social Security (NSW Lifetime Care and Support Scheme – Self-purchasing of treatment, rehabilitation and care services) (FaHCSIA) Determination 2011 was enacted to address the issue of income testing for individuals who receive payments under the NSW Lifetime Care and Support Scheme for self-purchasing treatment, rehabilitation, and care services related to motor accident injuries. This Determination was made by the Minister for Families, Housing, Community Services and Indigenous Affairs under the authority of section 35A of the Social Security Act 1991. The policy objective of this Determination is to ensure that payments made under the NSW Lifetime Care and Support Scheme for self-purchasing treatment, rehabilitation, and care services are not considered as income for the purposes of social security income support payments, thus providing financial relief to those affected by motor accidents. The Determination was made in response to a request from the Lifetime Care and Support Authority of New South Wales, and it is expected that a corresponding Determination will be made by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations for the purposes of social security income support payments within their portfolio responsibility.

Scope and Application

The Social Security (NSW Lifetime Care and Support Scheme – Self-purchasing of treatment, rehabilitation and care services) (FaHCSIA) Determination 2011 applies to individuals who receive payments under the NSW Lifetime Care and Support Scheme for the self-purchasing of treatment, rehabilitation, and care services related to motor accident injuries. This Determination ensures that such payments are not considered income for the purposes of social security income support payments, thereby potentially increasing the financial assistance these individuals may be eligible for. The scheme is administered by the Lifetime Care and Support Authority of New South Wales under the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW). The geographic scope of the Determination is limited to the Commonwealth, as it pertains to the administration of social security payments under the Social Security Act 1991. The Determination explicitly excludes these payments from the income test under social security law, offering financial relief to individuals who are already receiving social security support. This Determination is effective from the day after it is registered and was made in response to a request from the Lifetime Care and Support Authority of New South Wales, with consultation undertaken to ensure coordinated administration of payments across relevant social security schemes.

Key Provisions

The main operative sections of the Social Security (NSW Lifetime Care and Support Scheme – Self-purchasing of treatment, rehabilitation and care services) (FaHCSIA) Determination 2011 (sections 3 and 4) establish that the NSW Lifetime Care and Support Scheme – Self-purchasing of treatment, rehabilitation and care services is an approved scheme under section 35A of the Social Security Act 1991 (the Act). Section 3 specifies that the scheme is an approved scheme, while section 4 details the effect of this approval, namely that payments made under the scheme will not be considered income for the purposes of the income test under social security law. The obligations and requirements imposed by the Act on the parties governed by this Determination include the provision of reasonable costs for treatment, rehabilitation, and care services for participants who have suffered injuries in motor accidents (section 3 of the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW)). The Lifetime Care and Support Authority of New South Wales, constituted under the NSW Act, administers the payments made under the scheme and ensures that these payments cover only the reasonable and necessary costs related to the participant’s motor accident injury (section 4 of the Determination). There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breach of its provisions. However, the Determination operates within the broader legal framework of the Social Security Act 1991, where breaches of social security laws can lead to penalties such as fines or imprisonment. The Act itself provides for penalties, including financial penalties and imprisonment terms, for fraudulent claims or misrepresentations made in connection with social security payments. Given the context of the Determination, non-compliance with the requirements or obligations could potentially lead to the reassessment of social security payments, with retrospective financial implications for the affected parties.

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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.