Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013

Administered by Department of Social Services

Legislation au F2014L00021 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013

The Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013 (the Determination) provides that the United Kingdom Government’s Personal Independence Payment 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 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 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 Personal Independence Payment has been established by the United Kingdom Government to provide payments directly to a person with a disability, to help with the extra costs incurred by people affected by long-term ill health or a disability. The Personal Independence Payment is made up of the daily living component and the mobility component. A person is eligible to receive the daily living component if they need help with things like eating, washing, dressing, communicating, management of their medicines or treatments and making decisions about money. A person is eligible to receive the mobility component if they need help with going out or moving around.

Some people receiving the existing Disability Living Allowance, which is also an approved scheme under section 35A of the Act, will gradually be transitioned onto the Personal Independence Payment.

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 United Kingdom Government’s Personal Independence Payment scheme 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 under the Act. It also has effect in relation to means tested payments under the Veterans’ Entitlements Act 1986. This is because a payment towards the cost of personal care support services for the person that is made under a scheme approved under section 35A of the Act are also excluded from the concept of income for the purposes of the Veterans’ Entitlements Act 1986.

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 scheme Personal Independence Payment, being a scheme of that name established by the United Kingdom Government, is an approved scheme for the purposes of the Act.

 

Consultation

 

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) (United Kingdom Government Personal Independence Payment) Determination 2013

 

 

The Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) 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 United Kingdom Government’s Personal Independence Payment 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.

 

The United Kingdom Government’s Personal Independence Payment scheme has been established by the United Kingdom Government to provide payments directly to a person with a disability, to help with the extra costs incurred by people affected by long-term ill health or a disability.

 

The Determination ensures that people receiving funding under the Personal Independence Payment for the cost of personal care support services will not have this funding assessed as income for the purposes of social security law or veterans’ entitlements law.

 

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 Social Services to determine that when a person receives funding provided by a personal care support scheme, this funding is exempt from the income test in relation to social security payments. The exemption also flows through to means tested payments under the Veterans’ Entitlements Act 1986. The determination is therefore beneficial to persons who receive income support.



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 Kevin Andrews MP, Minister for Social Services

Overview

The Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013 was enacted to ensure that the United Kingdom Government’s Personal Independence Payment scheme is recognised as an approved scheme under section 35A of the Social Security Act 1991. This legislative instrument addresses the issue of excluding payments for personal care support services from the income test under the social security law, ensuring that individuals receiving such payments are not disadvantaged in their eligibility for social security benefits. The policy objective of the Determination is to support the human right to social security by ensuring that funding for personal care support services is not assessed as income, thereby maintaining the recipients' entitlement to social security payments. The Determination was made by the Minister for Social Services and has the effect of excluding the Personal Independence Payment from the income test under the Social Security Act 1991 and the Veterans’ Entitlements Act 1986, thereby protecting the income of individuals who rely on these payments for personal care support.

Scope and Application

The Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013 applies to individuals who receive payments under the United Kingdom Government’s Personal Independence Payment scheme, ensuring these payments are not considered as income for the purposes of the Social Security Act 1991. This applies both to social security payments and means-tested payments under the Veterans’ Entitlements Act 1986. The Determination ensures that payments for personal care support services under the approved scheme are excluded from the income test, thereby preventing unintended reductions in social security entitlements. The Determination is applicable across the Commonwealth of Australia and extends its effects to both the Social Security Act 1991 and the Veterans’ Entitlements Act 1986, covering those who receive personal care support payments under the Personal Independence Payment scheme. There are no exclusions, exemptions, or thresholds specified in the Determination, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The Social Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013 (the Determination) is a legislative instrument made under section 35A of the Social Security Act 1991 (the Act). This Determination recognises the United Kingdom Government’s Personal Independence Payment scheme as an approved personal care support scheme for the purposes of the Act. Section 3 of the Determination specifies that the Personal Independence Payment scheme, established by the United Kingdom Government, is an approved scheme. This means that payments made under this scheme for personal care support services are excluded from the income test for social security purposes under section 8(8)(zi) of the Act, ensuring that these payments do not reduce a person's entitlement to social security benefits. The primary obligation imposed by this Determination is on the Minister for Social Services, who is tasked with determining that the Personal Independence Payment scheme is an approved personal care support scheme. This ensures that payments made under the scheme for personal care support services are not considered income for the purposes of the social security income test. The Determination also extends to means-tested payments under the Veterans’ Entitlements Act 1986, ensuring that the same exclusions apply in that context as well. The effect of this Determination is to protect the social security benefits of individuals who receive personal care support payments from being unfairly reduced or affected by the income test. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination itself for breaching the provisions of the Act or the Determination. However, the Act generally provides for penalties for non-compliance with its provisions, including fines and imprisonment for more serious breaches. The Determination aims to ensure that eligible individuals receive their social security payments without their personal care support payments being unfairly deducted due to the income test. The intent is to support individuals with disabilities and those affected by long-term ill health or disability, ensuring they receive the necessary financial support without undue hardship. This Determination aligns with the human right to social security, providing a clear pathway for eligible individuals to maintain their social security benefits while receiving necessary personal care support payments.

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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.