Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1)

Administered by Department of Social Services

Legislation au F2013L01636 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1)

This Determination provides that the Tasmanian Self Directed Funding Pilot Scheme is an ‘approved scheme’ under section 35A of the Social Security Act 1991 (the Act).

Background

Under the social security law, income includes any 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 Self Directed Funding Pilot has been established by the Tasmanian Department of Health and Human Services to allow for direct payments to a person with a disability, or a person nominated by the person with disability, to enable the provision of specialist disability services or other support goods and services. Payments are not intended as income, or to be used as an income source for the person. The program will be introduced as a pilot from 1 July 2013.

Purpose

The purpose of the Determination is to determine that the Tasmanian Government’s Self Directed Funding Pilot Scheme is an approved personal care support scheme for the purposes of the Act.

A person for whom a payment is made under the Tasmanian Self Directed Funding Pilot Scheme may also receive a social security payment. The effect of this Determination is that the person will not have the payment received under the Self Directed Funding Pilot Scheme 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 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 coming within the portfolio responsibility of the Minister for Employment. Equivalent instruments have been made by the Ministers responsible for social security payments within the portfolios of the Department of Families, Housing, Community Services and Indigenous Affairs and the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.

Explanation of the Provisions

Section 1 states the name of the Determination.

 

Section 2 provides that the Determination commences on 1 July 2013. The Determination allows for a payment to be made under the Tasmanian Self Directed Funding Pilot Scheme to a person. The person will not have the payment received under the Self Directed Funding Pilot Scheme 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.

 

Consequently, the Determination is purely beneficial in nature.  Retrospective commencement of this Determination does not affect the rights of a person so as to disadvantage that person or impose any liabilities in respect of anything done or omitted to be done before the date of registration.

 

Section 3 provides that the Self Directed Funding Pilot, being a scheme of that name, established by the Tasmanian Department of Health and Human Services, is an approved scheme for the purposes of the Act.

Consultation

This Determination was made in response to a request from the Tasmanian Department of Health and Human Services.

Consultation on the Determination was undertaken with the Department of Families, Housing, Community Services and Indigenous Affairs and 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

 

 

Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1)

 

 

The Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1) 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 - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1) (the Determination) is made under section 35A of the Social Security Act 1991 (the Act) and determines that the Government of Tasmania’s Self-Directed Funding Pilot program is an approved personal care support scheme for the purposes of the Act, thereby exempting Self-Directed Funding from the social security income test.

The Self-Directed Funding Pilot has been established by the Tasmanian Department of Health and Human Services to enable people with disability to have control and choice about the individual funding they receive from the Tasmanian Government.  The program will be available to pilot program participants from July 2013.

Section 35A of the Act allows the Minister for Employment 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 is responsible. The Determination ensures that people receiving Self-Directed Funding from the Government of Tasmania will not have this funding assessed as income for social security law purposes, thereby ensuring that recipients retain the full value of the Self-Directed Funding.

 

Human rights implications

The Determination engages the human right to social security as recognised in Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

In determining that payments made under the Self-Directed Funding Pilot are exempt from income tests for social security law purposes under section 35A, the Determination is beneficial to persons who receive payments under the Self-Directed Funding Pilot.

 

Conclusion

 

The Determination is compatible with the applicable rights and freedoms.

 

 

 

 

 

 

Overview

The Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1) was introduced to address the issue of ensuring that payments made under the Self Directed Funding Pilot Scheme in Tasmania are not considered as income for the purposes of the social security income test. This Determination was enacted under section 35A of the Social Security Act 1991 by the Minister for Employment, as part of the Commonwealth's legislative framework to support the social security system. The policy objective is to ensure that individuals receiving support payments under the Self Directed Funding Pilot are not disadvantaged in their eligibility for other social security payments due to the nature of these payments, which are intended to cover the cost of personal care support services rather than as an income source. The Determination is purely beneficial, providing clarity and protection for the recipients of the Self Directed Funding Pilot, ensuring their social security entitlements are not adversely affected by the receipt of these payments.

Scope and Application

The Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1) applies to individuals who receive payments under the Tasmanian Government's Self Directed Funding Pilot Scheme. This scheme, established by the Tasmanian Department of Health and Human Services, is designed to provide direct payments to individuals with disabilities or their nominees for the purpose of acquiring specialist disability services or other support goods and services. The Determination specifies that these payments are not considered income for the purposes of the income test under the Social Security Act 1991, thus ensuring that such payments do not reduce the recipients' entitlement to social security benefits. The Determination applies to payments made under the scheme from the commencement date of 1 July 2013 and is applicable within the jurisdictional scope of the Commonwealth of Australia. This legislative instrument does not impose any compliance costs or competition impacts, nor does it extend or restrict its application through subordinate instruments.

Key Provisions

The main operative sections of the Social Security (Personal Care Support - Tasmanian Self Directed Funding Pilot) (DEEWR) Determination 2013 (No. 1) establish the Tasmanian Self Directed Funding Pilot Scheme as an approved scheme under section 35A of the Social Security Act 1991. Section 1 provides the name of the Determination, while Section 2 specifies that the Determination commences on 1 July 2013. Section 3 explicitly identifies the Self Directed Funding Pilot Scheme, established by the Tasmanian Department of Health and Human Services, as an approved scheme for the purposes of the Act. This means that payments made under this scheme are exempt from being considered income for the purposes of the income test under the social security law. The obligations imposed by this Determination on the parties involved primarily revolve around the administration and execution of the Self Directed Funding Pilot Scheme. The Tasmanian Department of Health and Human Services is responsible for establishing and managing the scheme, ensuring that payments are made in accordance with the scheme’s guidelines and objectives. Recipients of payments under the scheme must use the funds strictly for the provision of specialist disability services or other support goods and services, without treating these payments as income. The Department of Employment must ensure that these payments do not affect the social security entitlements of the recipients. The Determination also outlines the consequences of non-compliance with the scheme’s provisions. Although the Determination itself does not specify penalties, any misuse of funds intended for personal care support services could potentially lead to penalties under other relevant legislation, such as fraud or misuse of government funds. Additionally, any failure to comply with the conditions of the Self Directed Funding Pilot Scheme might result in the cessation of payments and could lead to investigations by the relevant authorities. The Determination ensures that such payments are not considered income, thus protecting the social security entitlements of the recipients. The Determination does not impose specific offences, penalties, or civil/criminal consequences within its own text. However, it operates under the broader legal framework of the Social Security Act 1991 and other related legislation. Misuse of funds under the Self Directed Funding Pilot Scheme could potentially lead to legal actions under these other statutes, with penalties including fines or imprisonment, depending on the severity and intent of the breach. The primary focus of the Determination is to ensure that the scheme operates smoothly and benefits the intended recipients without affecting their social security entitlements.

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Social Security Law
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Determination
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Definitions & Interpretation
Exemptions & Exclusions
Reporting & Disclosure Obligations
Human Rights Law

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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.