Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1)

Administered by Department of Social Services

Legislation au F2011L02803 Not in force Legislative Instrument

Legislation content

Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1)

 

as amended

 

made under subsection 500(2) of the Social Security Act 1991

 

Social Security Act 1991

This compilation was prepared on 26 June 2015 taking into account amendments up to Social Security (Parenting payment participation requirements classes of persons) Amendment Specification 2015 (No. 1) (F2015L00938).

Prepared by the Department of Employment.

 


1        Name of instrument

 This instrument is the Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1).

2 Commencement

 This instrument commences on 1 January 2012.

3 Definitions

 In this 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;

(c)   participation in a Masters course;

(d)   participation in a Doctorate of Philosophy;

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

(f)    participation in the Adult Migrant English Program;

(g)   participation in Green Corps;

(h)   participation in Work for the Dole; or

(i)     participation in the Youth Connections Program.

 

trial location means the Local Government Areas of:

(a)   Logan (QLD);

(b)   Rockhampton (QLD);

(c)   Playford (SA);

(d)   Bankstown (NSW);

(e)   Wyong (NSW);

(f)    Shellharbour (NSW);

(g)   Greater Shepparton (VIC);

(h)   Hume (VIC);

(i)     Burnie (TAS); or

(j)     Kwinana (WA).

 

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.

Note:  See the definition of employment income in subsection 8(1) of the Act.

4 Class of persons – teenage parent 

(1)   For subsection 500(2) of the Act, a person is in a specified class of persons if the person:

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

(b)   has not completed the final year of secondary school or an equivalent qualification;

(c)   was aged 19 or under on 1 January 2012;

(d)   was aged 19 or under at the time they commenced residing in a trial location; and   

(e)   resides in a trial location.

(2)   Despite subsection 4(1), a person will be in a specified class of persons if they cease to reside in a trial location but subparagraphs 4(1)(a) to 4(1)(d) continue to apply to them. 

(3)   Despite subsections 4(1) and 4(2), a person is only in a specified class of persons for the period from 1 January 2012 to 31 March 2016.

5 Class of persons – jobless family

(1)   For subsection 500(2) of the Act, a person is in a specified class of persons 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.

     Note:  For calculation of a continuous period of receipt of income support payments, see section 38B of the Act.

(2)   Despite subsection 5(1), a person will cease to be in a specified class of persons if paragraph 5(1)(a) ceases to apply to the person.

(3)   Despite subsection 5(1), a person is only in a specified class of persons for the period 1 July 2012 – 31 March 2016.

 

Note to the Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No.1)

Note 1

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No.1) in force under subsection 500(2) of the Social Security Act 1991 as shown in this compilation is amended as indicated in the Table below.

Table of Instruments

 

Title

 

FRLI registration number

Date of FRLI registration

Date of commencement

Application, saving or transitional provisions

Social Security (Parenting payment participation requirements – classes of persons (DEEWR) Specification 2011 (No.1)

F2011L02803

23 December 2011

1 January 2012

 

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

F2012L01359

27 June 2012

1 July 2012

 

Social Security (Parenting payment participation requirements classes of persons) Amendment Specification 2015 (No. 1)

F2015L00938

25 June 2015

26 June 2015

 

 

 

 

Table of Amendments

 

ad. = added or inserted  am. = amended  rep. = repealed  rs. = repealed and substituted

Provisions affected  How affected

Section 3   am. 2012L01359

Section 4   am. 2012L01359

    am. 2015L00938

Section 5   ad. 2012L01359

    am. 2015L00938

Overview

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1) was enacted to address the gap in parenting payment participation requirements by identifying specific classes of persons eligible for the payment. This legislative instrument, made under subsection 500(2) of the Social Security Act 1991, was prepared by the Department of Employment and commenced on 1 January 2012. The primary objective of this specification is to ensure that certain groups, specifically teenage parents and jobless families with children aged five or under, meet particular criteria to be eligible for the parenting payment. This includes participation in education, training, or employment activities, depending on the individual's circumstances and age. The specification was enacted by the Australian Government and is aimed at promoting active participation and self-sufficiency among recipients of parenting payments.

Scope and Application

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1) is a legislative instrument made under subsection 500(2) of the Social Security Act 1991. It applies to specific classes of persons who are teenage parents and jobless families, who must participate in certain activities to be eligible for parenting payment. The instrument specifies that teenage parents must have a child aged five or under, not have completed the final year of secondary school or an equivalent qualification, and must reside in one of the trial locations for a certain period. Jobless families must also have a child aged five or under, not have engaged in work or study in the four weeks immediately prior to the day, and must reside in one of the trial locations. The instrument is applicable to individuals who meet the criteria and reside in the specified trial locations. The instrument is subject to amendments, such as the Social Security (Parenting payment participation requirements – classes of persons) Amendment Specification 2012 (No. 1) and the Social Security (Parenting payment participation requirements – classes of persons) Amendment Specification 2015 (No. 1), which modify certain provisions of the instrument.

Key Provisions

The Social Security (Parenting payment participation requirements – classes of persons) (DEEWR) Specification 2011 (No. 1) sets out the criteria for eligibility for parenting payments under the Social Security Act 1991. Section 4 defines a "teenage parent" as someone who is 19 or under on 1 January 2012, has a child aged 5 or under, has not completed the final year of secondary school or an equivalent qualification, and resides in one of the specified trial locations (sections 4(1) and (2)). This class of persons is eligible for the duration from 1 January 2012 to 31 March 2016. Section 5 defines a "jobless family" as someone who has a child aged 5 or under, has not engaged in work or study in the 4 weeks prior to the specified day, is aged 22 or under, or has been receiving an income support payment continuously for at least two years immediately prior to the day, and resides in a trial location (section 5(1)). The eligibility for this class of persons is from 1 July 2012 to 31 March 2016 (section 5(3)). The obligations imposed on individuals within these classes include participation in specified activities such as study or work, depending on their classification. Teenage parents must either complete secondary education or engage in approved study or work activities to remain eligible for payments. Jobless families must engage in either study or work to qualify for ongoing payments. These requirements aim to encourage educational and employment participation among young parents to improve long-term outcomes. Breach of these participation requirements can result in consequences under the Social Security Act 1991. For instance, failure to comply with the specified participation activities may lead to a reduction or cessation of parenting payments. The Act provides for both administrative and legal enforcement mechanisms to ensure compliance. The specific penalties for non-compliance are not detailed in the legislative instrument itself but would be governed by the general provisions of the Act, which may include financial penalties or other enforcement actions as determined by the relevant authorities.

Legal classification tags

Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Class of Persons
Commencement Provisions

Interactions

Authorises

All Versions

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.