Social Security (Personal Care Support – ACT Government ’My Choice’) (DEEWR) Determination 2013

Administered by Department of Social Services

Legislation au F2013L01677 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013

The Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013 (the Determination) is made under section 35A of the Social Security Act 1991 (the Act).

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 recognised as income for the purposes of the income test. Paragraph 8(8)(zi) of 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 that a scheme for the provision of personal care support is an ‘approved scheme’ for the purposes of the Act.

 

The scheme known as My Choice has been established by Disability ACT of the Australian Capital Territory Government Community Services Directorate to provide payments directly to a person with a disability, or if requested, to a third party to assist in purchasing some of the services and supports they need. Residents of the ACT may apply to participate in the scheme to receive funding for things such as:

 

  • Buying goods and equipment that minimise the impact of their disability;

 

  • Contracting services that promote independence such as someone to assist with personal care, or household duties;

 

  • Employing staff to meet the individual’s support needs with payroll assistance from My Choice (or another agency); and

 

  • Employing staff to meet the individual’s support needs and managing payroll independently.

 

These payments are not intended as income, or to be used as an income source for the person.

 

 

 

Purpose

 

The purpose of the Determination is to determine that the Australian Capital Territory Government’s My Choice is an approved personal care support scheme for the purposes of the Act.

 

A person for whom a payment is made under the scheme may also receive a social security payment. The effect of this Determination is that the person will not have the payment received taken into account for the purposes of the income test under the social security law to the extent that the payment is for the cost of personal care support services for the person. This would ensure that the receipt of payments for personal care support services under the scheme would not have the unintended effect of reducing a person’s entitlement to any social security payment because of the operation of the income test.

 

This Determination has effect in relation to social security payments within the portfolio responsibility of the Minister for Employment and Minister for Skills and Training. A similar instrument is being considered by the Minister for Higher Education and the Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform.

 

The Determination is a legislative instrument and commences the day after it is registered.

 

Explanation of the Provisions

 

Section 1 states the name of the Determination.

 

Section 2 provides that the Determination commences on the day after it is registered.

 

Section 3 provides that the scheme for the provision of personal care support known as ‘My Choice’ (being a scheme established by Disability ACT of the Australian Capital Territory Government Community Services Directorate) is an approved scheme for the purposes of the Act.

 

Consultation

 

This Determination was made in response to a request from Disability ACT of the Australian Capital Territory Government Community Services Directorate.

 

Consultation on the Determination was undertaken with the Department of Families, Housing, Community Services and Indigenous Affairs and the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.

 

Public consultation was considered to be unnecessary as this determination is purely beneficial in character.

 

Regulatory Impact Analysis

 

The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

 

 

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This Legislative Instrument is the Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013

The Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013 (the Determination) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Determination is made under section 35A of the Social Security Act 1991 (the Act) and determines that the Australian Capital Territory Government’s My Choice is an approved personal care support scheme for the purposes of the Act, thereby exempting payments received by a person under the scheme for personal care support services from the social security income test.

 

My Choice has been established by Disability ACT of the Australian Capital Territory Government Community Services Directorate to allow a person with a disability to purchase some of the disability services and supports they need.

 

The Determination ensures that people receiving funding under My Choice for the cost of personal care support services will not have this funding assessed as income for social security purposes.

 

Human rights implications

 

The Determination engages the human right: right to social security.

 

The right to social security

 

Section 35A of the Act allows the Minister for Employment and Minister for Skills and Training to determine that when a person receives funding provided by a personal care support scheme this funding is exempt from the social security income test in relation to social security payments for which the Minister for Employment and Minister for Skills and Training is responsible. The determination is therefore beneficial to persons who receive such a social security payment.

 

 

 

 

Conclusion

 

The Determination under section 35A of the Act ensures that individuals receiving funding for personal care support services from the approved personal care support scheme do not have this funding assessed for income test purposes. The Determination supports their human right to social security and is compatible with the applicable rights and freedoms.

 

 

 

 

 

 

The Hon Brendan O’Connor MP, Minister for Employment and Minister for Skills and Training

 

Overview

The Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013 was enacted under the authority of the Social Security Act 1991, with the primary objective of addressing the issue of ensuring that payments received by individuals for personal care support services under the Australian Capital Territory Government's My Choice scheme are not considered income for the purposes of the social security income test. This Determination was made by the relevant Minister in response to a request from Disability ACT of the Australian Capital Territory Government Community Services Directorate and aims to prevent any unintended reduction in social security entitlements for recipients of personal care support payments. The Determination was not subject to public consultation as it is deemed purely beneficial in nature, and it has no regulatory impact, compliance costs, or competitive effects. The Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013 aligns with the human rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. It ensures that individuals receiving funding for personal care support services through the approved My Choice scheme are not subjected to the social security income test for the relevant payments, thereby upholding their right to social security. The Determination was developed in consultation with relevant departments and is intended to benefit those who receive social security payments for which the Minister for Employment and Minister for Skills and Training is responsible.

Scope and Application

The Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013 is an instrument made under section 35A of the Social Security Act 1991, and it applies to the Australian Capital Territory Government's My Choice scheme. The scheme, established by Disability ACT of the Australian Capital Territory Government Community Services Directorate, provides payments directly to a person with a disability or to a third party, if requested, to assist in purchasing some of the services and supports they need. These payments are not intended as income or to be used as an income source for the person. The Determination ensures that payments received by a person under the My Choice scheme for personal care support services are exempt from the social security income test, thus supporting their human right to social security. The Determination applies to social security payments within the portfolio responsibility of the Minister for Employment and Minister for Skills and Training. There are no exclusions, exemptions, or thresholds mentioned in the Determination itself, but the scheme has certain eligibility criteria which must be met by applicants. The Determination does not extend or restrict application through subordinate instruments. It is a legislative instrument and commences the day after it is registered. The Determination was made in response to a request from Disability ACT of the Australian Capital Territory Government Community Services Directorate and was developed following consultation with relevant departments. The Determination is not regulatory in nature, will not impact on business activity, and will have no, or minimal, compliance costs or competition impact. The Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Social Security (Personal Care Support – ACT Government ‘My Choice’) (DEEWR) Determination 2013 (the Determination) include Section 1, which states the name of the Determination, and Section 3, which provides that the scheme known as 'My Choice' is an approved scheme for the purposes of the Social Security Act 1991 (the Act) (sections 1 and 3). This means that payments made under the My Choice scheme for personal care support services are not considered income for the purposes of the income test under the social security law. The Determination imposes obligations on the Australian Capital Territory Government Community Services Directorate to establish and manage the My Choice scheme to ensure that it provides payments directly to individuals with disabilities or to a third party as requested, for the purchase of goods and equipment that minimise the impact of their disability, contracting services that promote independence, and employing staff to meet individual support needs, with or without payroll assistance (section 3). The Determination also imposes an obligation on the relevant Minister to determine that the scheme is approved and that payments under the scheme are not considered income for the purposes of the income test (section 35A). The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, as it is primarily concerned with ensuring that payments made under the My Choice scheme are not considered income for social security purposes. However, any breach of the Act or associated regulations could potentially lead to penalties or consequences under those provisions. For example, under the Social Security Act 1991, there are penalties for providing false or misleading information in relation to social security payments, which could result in fines or imprisonment (section 168). Additionally, if an individual fails to disclose income or other relevant information when applying for social security payments, they could be liable for repayment of any overpaid benefits, as well as interest and administrative costs (section 135).

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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.