Social Security (Personal Care Support - Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013

Administered by Department of Social Services

Legislation au F2013L01132 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Social Security (Personal Care Support - Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013

This Determination provides that the Queensland Government’s Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment is an ‘approved scheme’ 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 social security law. 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 Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment has been established under the Your Life Your Choice Self-Directed Support Framework by the Queensland Department of Communities, Child Safety and Disability Services to allow a person with a disability to purchase disability services and supports with their disability funding under the direct payment model or the host provider model. Under the direct payment model, a person with a disability would receive direct payments from the Queensland Department of Communities, Child Safety and Disability Services to spend on disability services and supports. Under the host provider model, it is possible for the person with a disability to receive payments from the host provider to spend on disability services and supports. These payments are not intended as income, or to be used as an income source for the person. It is expected that payments to individuals under the direct payment model may commence from 1 July 2013.

Purpose

The purpose of the Determination is to determine that the Queensland Government’s Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment 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 Higher Education and Skills. A similar instrument is being considered by the Minister for Employment and Workplace Relations and the Minister for Families, Community Services and Indigenous Affairs and the Minister for Disability Reform in relation to social security payments for which those Ministers are responsible.

Explanation of the Provisions

 

Section 1 states the name of the Determination.

 

Section 2 provides that the Determination commences on the day after registration.

 

Section 3 provides that the Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment, being a scheme of that name established by the Queensland Department of Communities, Child Safety and Disability Services is an approved scheme for the purposes of the Act.

 

Consultation

 

This Determination was made in response to a request from the Queensland Department of Communities, Child Safety and Disability Services.

Consultation on the Determination was undertaken with the Department of Education, Employment and Workplace Relations, and Department of Families, Housing, Community Services and Indigenous Affairs.

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 – Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013

 

 

The Social Security (Personal Care Support – Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013 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 Social Security (Personal Care Support – Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013 (the Determination) is made under section 35A of the Social Security Act 1991 (the Act) and determines that the Queensland Government’s Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment is an approved personal care support scheme for the purposes of the Act, thereby exempting payments received by a person under the scheme from the social security income test.

 

The Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment has been established under the Your Life Your Choice Self-Directed Support Framework by the Queensland Government Department of Communities, Child Safety and Disability Services to allow a person with a disability to purchase disability services and supports with their disability funding under the direct payment model or the host provider model. Payments to individuals under the direct payment model is expected to commence from 1 July 2013.

 

The Determination ensures that people receiving funding under the direct payment model or the host provider model will not have this funding assessed as income for social security purposes thereby ensuring that recipients retain the full value of the funding.

 

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 Higher Education and Skills 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 Higher Education and Skills 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 from a personal care support scheme do not have this funding assessed for income test purposes. The Determination supports their human right to social security.

 

 

 

 

 

 

 

 

 

The Hon SHARON BIRD MP, Minister for Higher Education and Skills

 

Overview

The Social Security (Personal Care Support – Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013 was enacted to address the issue of ensuring that payments made under the Queensland Government’s Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment scheme are not considered as income for the purposes of the Social Security Act 1991. This legislation was introduced to prevent the unintended consequence of reducing a person’s entitlement to social security payments due to the receipt of personal care support payments. The Determination was made under the authority of the Minister for Higher Education and Skills and aims to support the human right to social security by ensuring that funding received under the approved scheme does not impact the social security income test. The enactment body responsible for this Determination was the Parliament of Australia, as the legislation is a statutory instrument made under the Social Security Act 1991. The policy objective behind this Determination is to provide clarity and protection for individuals with disabilities who receive personal care support payments, ensuring they retain their social security entitlements without the risk of their care payments being misconstrued as income. This legislative instrument ensures that the scheme operates without unintended negative impacts on the social security status of its beneficiaries.

Scope and Application

The Social Security (Personal Care Support – Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013 applies to individuals with disabilities who receive funding under the Queensland Government's Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment scheme. This scheme allows individuals to purchase disability services and supports through either the direct payment model or the host provider model, both of which are established under the Your Life Your Choice Self-Directed Support Framework by the Queensland Department of Communities, Child Safety and Disability Services. The Determination ensures that payments received under this scheme are not considered income for the purposes of the Social Security Act 1991, thus preventing any reduction in social security entitlements due to the income test. This application extends to the social security payments within the portfolio responsibility of the Minister for Higher Education and Skills. The Determination does not impose any regulatory burden or compliance costs, nor does it impact business activities or competition. Importantly, it also ensures compatibility with human rights, specifically the right to social security, by exempting personal care support payments from the income test, thereby preserving the full value of such payments for the beneficiaries.

Key Provisions

The Social Security (Personal Care Support – Queensland Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment) (DIICCSRTE) Determination 2013 (Section 1) names the determination and specifies that it commences the day after its registration (Section 2). The core provision of the Determination is in Section 3, where it declares that the Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment, established by the Queensland Department of Communities, Child Safety and Disability Services, is an approved scheme under Section 35A of the Social Security Act 1991. This approval exempts payments made under this scheme from being considered income for social security purposes. The obligations imposed by the Determination on the parties involved are primarily focused on ensuring that payments under the Your Life Your Choice Self-Directed Support: Host Providers and Direct Payment are not treated as income for social security purposes. This means that individuals receiving such payments retain their full entitlement to social security payments without these payments affecting their eligibility or the amount of their social security benefits. The Queensland Department of Communities, Child Safety and Disability Services is responsible for administering this scheme and ensuring that the payments are made in accordance with the terms of the Determination. The scheme is designed to offer flexibility and autonomy to individuals with disabilities, allowing them to purchase disability services and supports either through direct payments or via a host provider. The Determination does not specify particular offences or penalties for breaches within its text. However, any breaches of the Social Security Act 1991, under which this Determination operates, could result in civil or criminal penalties. The Social Security Act includes provisions for penalties, including fines and imprisonment, for fraudulent claims or misrepresentation of facts in relation to social security payments. The exact penalties would depend on the nature and severity of the breach, and would be applied in accordance with the general provisions of the Social Security Act. The Determination is compatible with human rights as it engages the right to social security, ensuring that individuals receiving support under the approved scheme do not lose their social security entitlements due to the receipt of these payments. This compatibility is important as it aligns with the broader objectives of the social security system to provide support to those in need without penalising them for receiving necessary assistance.

Legal classification tags

Area of Law
Social Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Enforcement Powers
Regulatory Standards

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.