Social Security (Number of Expected Years) Amendment Instrument 2019
I, Emma Kate McGuirk, delegate of the Secretary of the Department of Social Services, make the following notifiable instrument.
Dated 13 December 2019
Emma Kate McGuirk
Acting Group Manager
Pensions Group
Department of Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments 2
Social Security (Number of Expected Years) Instrument 2019 2
1 Name
This instrument is the Social Security (Number of Expected Years) Amendment Instrument 2019.
2 Commencement
(1) Each provision of this instrument 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 instrument | 1 January 2020 | 1 January 2020. |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 1120AB(11) of the Social Security Act 1991.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Social Security (Number of Expected Years) Determination 2019
1 Section 5
Omit “19.22 years”, substitute “19.86 years”.
Overview
The Social Security (Number of Expected Years) Amendment Instrument 2019, issued by Emma Kate McGuirk, acting in her capacity as delegate of the Secretary of the Department of Social Services, was enacted to amend the Social Security (Number of Expected Years) Determination 2019. This notifiable instrument aims to rectify a calculation discrepancy within the social security system. It was brought into effect on 1 January 2020 under the authority granted by subsection 1120AB(11) of the Social Security Act 1991. The primary objective of this amendment is to update the expected years figure used in the calculation of certain social security benefits, ensuring that the system reflects the most accurate demographic data. This adjustment is expected to provide a more equitable distribution of benefits aligned with current life expectancy statistics.
Scope and Application
The Social Security (Number of Expected Years) Amendment Instrument 2019 applies to individuals and entities involved in the administration and assessment of social security benefits under the Social Security Act 1991. It specifically targets the Social Security (Number of Expected Years) Determination 2019, modifying the expected years of benefit entitlement from 19.22 years to 19.86 years. The instrument is applicable across the Commonwealth of Australia and affects all persons and entities subject to the Social Security Act 1991. There are no stated exclusions, exemptions, or specific thresholds in the text provided. The application of the Act may be further extended or restricted through subordinate instruments, although no such provisions are detailed in the provided excerpt.
Key Provisions
The Social Security (Number of Expected Years) Amendment Instrument 2019 (paragraph 1) outlines modifications to the Social Security (Number of Expected Years) Instrument 2019. The instrument specifies that it will take effect from 1 January 2020, as indicated in paragraph 2. The amendments are detailed in Schedule 1, which alters the number of expected years from 19.22 to 19.86 years (Schedule 1, item 1). The authority for making this instrument is derived from subsection 1120AB(11) of the Social Security Act 1991 (paragraph 3).
The obligations imposed by this instrument primarily concern the updating of the expected years calculation used in social security assessments. Any entities or individuals relying on the previous figure of 19.22 years must adjust their calculations to reflect the new figure of 19.86 years. This change impacts the determination of benefits and assessments under the Social Security Act 1991. The Social Security (Number of Expected Years) Determination 2019, as amended, serves as the primary reference point for these calculations.
In terms of penalties and consequences, the instrument itself does not explicitly outline specific offences or penalties for non-compliance. However, any failure to comply with the updated expected years figure could potentially lead to incorrect benefit assessments. The Social Security Act 1991 includes provisions for penalties related to the incorrect payment or non-payment of benefits. The maximum penalties for providing false or misleading information under the Act can include fines and, in severe cases, imprisonment. The precise penalties depend on the nature and extent of the non-compliance, as defined in other sections of the Social Security Act 1991.
While the amendment instrument itself does not specify penalties, the broader legal framework under which it operates includes substantial consequences for non-compliance. This includes both financial penalties and potential criminal charges for providing false information. The obligation to update calculations and comply with the new expected years figure is crucial to avoid these adverse outcomes.