Social Security (Parenting payment participation requirements - classes of persons) (DEEWR) Amendment Specification 2012 (No. 1)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2012L01359 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Amendment Specification 2012 (No. 1)

 Summary

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Amendment Specification 2012 (No. 1) (the Specification), amends the Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1) (the Original Specification).  The Specification inserts a new class of persons into the Original Specification, for the purposes of subsection 500(2) of the Social Security Act 1991 (the Act) who will be subject to participation requirements under the Act, for the purpose of the Supporting Jobless Families measure.  The Specification also makes minor amendments to the ‘teenage parent’ class of persons currently in the Original Specification to ensure consistency in drafting. 

The purpose of the Supporting Jobless Families measure is to provide new services, opportunities and responsibilities to boost the educational attainment, job readiness, child wellbeing and functioning of jobless families with young children in some of the most disadvantaged locations in the country.

A person will be subject to the Supporting Jobless Families Measure if, on a particular day on or after 1 July 2012, all of the following apply to the person on that day:

-          they have a PP child who is aged 5 or under;

-          they have not engaged in work or study in the 4 week period immediately prior to the day; they are  either:

  • aged 22 or under; or
  • has been receiving an income support payment for a continuous period of at least two years immediately prior to the day; and

-          they reside in a trial location.

 

These persons will be required to attend appointments with the Department of Human Services (DHS) to discuss their employment and family related goals and identify suitable activities to assist in achieving these goals. When their youngest child turns four and five, they will also be required to develop and sign a Participation Plan (i.e. an Employment Pathway Plan) outlining suitable activities they intend to undertake to help them achieve work and family outcomes.

There is significant flexibility in relation to what terms a plan may contain, and a plan may only contain activities which are suitable for the person having regard to their circumstances.

In accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, the Jobless Families Instrument is compatible with Human Rights. A Statement of Compatibility with Human Rights is included as part of this Explanatory Statement.


Explanation of the provisions

Sections 1 and 2 of the Specification are mechanical provisions that provide for the name of the Specification and its commencement, respectively.  The commencement is to be on 1 July 2012. 

Section 3 provides that Schedule 1 amends the Original Specification..

Schedule Item 1 inserts a definition of ‘study’ into section 3 of the Original Specification.   ‘Study,’ is defined as participation in: a course of learning at a certain school, training organisation or institution; or participation in one of several Government programs. Specifically, as outlined in the Instrument, study means:

(a)    participation in a course specified in Column 1 of a table in Schedules 1 or 2 to the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) as in force from time to time, that is provided by an educational institution specified for that course in Column 2 of the relevant table.

(b)    participation in a course specified in Column 2 of the table in Schedule 3 to the Student Assistance (Education Institutions and Courses) Determination 2009 (No .2) as in force from time to time, that is provided by the educational institution specified for that course in Column 1 of that table.

(a)    participation in a Masters course;

(a)    participation in a Doctorate of Philosophy;

(b)    participation in the Language, Literacy and Numeracy Program;

(c)    participation in the Adult Migrant English Program;

(d)    participation in Green Corps;

(e)    participation in Work for the Dole; or

(f)     participation in the Youth Connections Program.

Any level of participation in these courses or programs is sufficient for the purpose of the definition of ‘study’.

Item 2 inserts a definition of ‘work’ into section 3 of the Original Specification.  ‘Work’ is defined as income-generating work undertaken either for an employer or as part of carrying on a business.

Specifically, as outlined in the instrument, work means:

(a)    work which generates employment income; or

(b)    work where the person carries on a business, and where the most recent information reported to the Department of Human Services in relation to the profitability of the business was that the business was generating a profit in the 4 weeks immediately prior to the reporting.

Any amount of work is sufficient for the purpose of this definition.  The definition of ‘work’ contains a note which refers to subsection 8(1) of the Act.  It serves as a reminder that the term ‘employment income’ in subdefinition (a) of the definition of ‘work’ is defined in subsection 8(1) of the Act. 

 

Item 3 amends the Original Specification by omitting ‘is the parent of a child who has not turned 6’ in paragraph 4(1)(a), and substituting it with ‘has a PP child who is aged 5 or under’.  This is to ensure consistency in drafting with the drafting of the class of persons proposed to be inserted by Item 5 of this Specification.  Also, in order to qualify for a parenting payment, a person must have at least one ‘PP child’ (s 500(1)(a) of the Act).  The definition of ‘PP child’ in s 500D of the Act is not linked to whether the person is a ‘parent’ of a child within the definition of ‘parent’ in s 5(1) of the Act. 

Item 4 amends the Original Specification by omitting ‘and’ wherever occurring in paragraphs 4(1)(a), 4(1)(b) and 4(1)(c).  This is to ensure consistency in drafting with the drafting of the class of persons proposed to be inserted by Item 5 of this Specification.

Item 5 amends the Original Specification by inserting section 5.  Section 5 specifies the class of persons who will be subject to the Supporting Jobless Families Measure.  Subsection 5(1) provides that a person will be in such a class if, on a particular day on or after 1 July 2012, the person:

(a)    has a PP child who is aged 5 or under;

(b)    has not engaged in work or study in the 4 week period immediately prior to the day;

(c)     is either:

(i)                  aged 22 or under; or

(ii)                 has been receiving an income support payment for a continuous period of at least two years immediately prior to the day; and

(d)    resides in a trial location.

Once all the factors in subsection 5(1) apply to a person on a particular day, the person is in a class of persons for the purposes of s 500(2) of the Act.  This means that, subject to subsections 5(2) and 5(3), once a person is in the specified class of persons, they will continue to remain in the class from that day onwards.

Section 5 contains a note which refers to section 38B of the Act.  Section 38B of the Act deals with the determination of a continuous period of receipt of income support payments.  The effect of section 38B of the Act is that, in certain circumstances, a person may be deemed to be in receipt of income support payments for a continuous period even if there has been a break in their receipt of payments during that period.  This means that for the purposes of subparagraph 5(1)(c)(ii), even if there has been a break in a person’s income support payments over the two year period immediately prior to the day, section 38B of the Act may deem the person to have been receiving an income support payment for a continuous period of at least two years, despite that break.

Subsection 5(2) provides that despite subsection 5(1), a person will cease to be in the specified class of persons if paragraph 5(1)(a) ceases to apply to them. That is, when the person’s youngest child turns 6. This reflects the intention that a person remains in the trial up until they become subject to work-related participation requirements.

 Subsection 5(3) provides that despite subsection 5(1), a person is only in a specified class of persons for the period 1 July 2012 – 30 June 2015, reflecting the intended length of the measure.

 

 Consultation

Consultation regarding this Specification was undertaken with the Department of Human Services and the DEEWR Job Seeker Participation Branch.

 Regulatory Impact Analysis

This Specification does not require a Regulatory Impact Statement as it is not likely to have a direct or substantial indirect effect on business and does not restrict competition. 

 

 

Overview

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Amendment Specification 2012 (No. 1) was introduced to amend the Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1). This legislation was enacted to address the need for new services, opportunities, and responsibilities to improve the educational attainment, job readiness, child wellbeing, and functioning of jobless families with young children in disadvantaged locations across Australia. The amendment was introduced by the Department of Employment, Education and Workplace Relations (DEEWR) and is intended to support the Jobless Families measure. The purpose of this measure is to provide targeted assistance to jobless families, with a focus on promoting employment and improving outcomes for children and families in selected trial locations. Eligible individuals must have a child aged five or under, not have engaged in work or study in the four weeks prior to the assessment date, and either be aged 22 or under or have received an income support payment for a continuous period of at least two years immediately prior to the assessment date. Additionally, they must reside in a trial location designated for the measure.

Scope and Application

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Amendment Specification 2012 (No. 1) amends the Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1) by inserting a new class of persons subject to the Supporting Jobless Families Measure, aimed at jobless families with young children in disadvantaged areas. Specifically, this Act applies to individuals who have a parenting payment (PP) child aged five or under, have not engaged in work or study in the four weeks prior to a particular day, are either aged 22 or under or have been receiving an income support payment for a continuous period of at least two years, and reside in a trial location. These individuals will be required to attend appointments with the Department of Human Services to discuss employment and family-related goals and sign an Employment Pathway Plan when their youngest child turns four and five. The Act provides definitions for 'study' and 'work' and ensures consistency in drafting. The measure is in effect from 1 July 2012 to 30 June 2015, with the intent that individuals remain in the trial until they are subject to work-related participation requirements. This legislation operates nationally within Australia and is compatible with human rights, as evidenced by the Statement of Compatibility with Human Rights included in the Explanatory Statement.

Key Provisions

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Amendment Specification 2012 (No. 1) amends the Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1) by introducing a new class of persons who will be subject to participation requirements under the Social Security Act 1991 (the Act) for the purpose of the Supporting Jobless Families measure (Sections 1 and 2). This new class of persons, specified in Section 5, includes those who have a child aged five or under, have not engaged in work or study in the four weeks prior to the specified day, are either aged 22 or under or have been receiving an income support payment for a continuous period of at least two years immediately prior to the day, and reside in a trial location. The obligations under this Act require these individuals to attend appointments with the Department of Human Services to discuss their employment and family related goals and identify suitable activities to assist in achieving these goals. Once their youngest child turns four and five, they are required to develop and sign a Participation Plan outlining suitable activities they intend to undertake to help them achieve work and family outcomes. The term 'study' is defined to include participation in various courses and government programs, while 'work' is defined as income-generating work undertaken either for an employer or as part of carrying on a business (Section 3). The Act imposes specific obligations on these individuals to ensure they are actively participating in activities that promote their job readiness and child wellbeing. Failure to comply with these obligations may result in civil or criminal consequences. For instance, non-compliance with participation requirements can lead to penalties, including the suspension or termination of parenting payment entitlements. The maximum penalties for breaches are not explicitly stated in the text, but generally, under the Social Security Act 1991, penalties for non-compliance can include fines and other sanctions as determined by the court. The Act also includes provisions to ensure consistency in drafting, such as the amendment of the definition of 'PP child' and the removal of conjunctions to align with the new class of persons introduced by the Amendment Specification. The amendments are designed to ensure that the legislation operates effectively and coherently, with the overarching aim of boosting the educational attainment, job readiness, child wellbeing, and functioning of jobless families with young children in disadvantaged locations.

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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.