EXPLANATORY STATEMENT
Social Security (Personal Care Support – Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages) Determination 2017
Summary
Section 35A of the Social Security Act 1991 (the Act) allows the 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. This instrument determines that the Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages means the Direct Funding Model under the Individual Support Packages sub-programme, which operates under the Commonwealth Continuity of Support (CoS) Programme, administered by the Commonwealth Department of Health is an ‘approved scheme’ under section 35A.
The effect of this Determination is that people who receive assistance under the Commonwealth CoS Programme – Direct Funding Individual Support Packages, and who also receive an Australian social security payment, will not have this assistance taken into account for the purposes of the social security income test.
Background
Under the social security law all income earned, derived or received for a person’s own use or benefit, is counted as income. However, the social security law specifically excludes some amounts from being income.
Section 35A of the Act allows the Minister to determine that a scheme for the provision of personal care support is an ‘approved scheme’ for the purposes of the Act. Payments made under an ‘approved scheme’ are exempt from the income test under paragraph 8(8)(zi) of the Act in relation to the person who is receiving care.
Explanation of the instrument
This Determination provides that the Commonwealth CoS Programme – Direct Funding Individual Support Packages is an ‘approved scheme’ under section 35A of the Act.
The Council of Australian Governments has agreed that people with disability who are currently receiving state-managed specialist disability services but who are ineligible for the National Disability Insurance Scheme (NDIS) will be provided with continuity of support in the transition to the NDIS.
To meet this commitment the Commonwealth CoS Programme has been developed by the Commonwealth Department of Health to assist older people, aged 65 years and over and Aboriginal and Torres Strait Islander people aged 50 years and over, who do not meet NDIS eligibility. The objective of the programme, through the funding of a wide range of services needed to meet the person’s disability-related needs, is to support these people to achieve similar outcomes to those they were achieving prior to the introduction of the NDIS in their region.
Explanation of the provisions
Section 1 of the Determination states the name of the determination.
Section 2 provides that the Determination commences on 1 May 2017.
Subsection 3(1) provides that the Commonwealth Continuity of Support (CoS) Programme – Individual Support Packages Direct Funding Model is an approved scheme for the purposes of the Social Security Act 1991.
Subsection 3(2) provides a definition of the Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages. It defines the Commonwealth Continuity of Support (CoS) Programme – Direct Funding Model under the Individual Support Packages as the sub-programme administered by the Commonwealth Department of Health.
Consultation
This determination was made in respect to a request from the Australian Government Department of Health.
The Department has consulted with the Australian Government Department of Health; and the Australian Government Department of Agriculture and Water Resources regarding this determination.
This instrument is beneficial to social security payment recipients because it exempts the Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages payments from the social security income test. Public consultation was therefore seen as unnecessary.
Regulatory Impact Statement
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.
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 – Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages) Determination 2017
The Social Security (Personal Care Support – Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages) Determination 2017 (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 Commonwealth Continuity of Support (CoS) Programme – Direct Funding Individual Support Packages is an approved personal care support scheme for the purposes of the Act, thereby exempting payments received by a person under this scheme for personal care support services from the social security income test.
The Determination ensures that people receiving payments from the Commonwealth CoS Programme – Direct Funding Individual Support Packages will not have these payments assessed as income for social security purposes.
Human rights implications
The Determination engages the right to social security.
The right to social security
Section 35A of the Act allows the Minister for Social Services 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 Social Services is responsible. The Determination is therefore beneficial to persons who receive such a social security payment.
Conclusion
This Determination ensures that individuals receiving assistance under the Commonwealth CoS Programme – Direct Funding Individual Support Packages do not have payments under this scheme assessed for income test purposes. The Determination supports their human right to social security and is therefore compatible with human rights.
The Hon Christian Porter MP, Minister for Social Services