Social Security Regulations 2004 2004 No. 298
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 298
Issued by the Authority of the Minister for Family and Community Services
Subject: Social Security Act 1991 and Social Security (Administration) Act 1999
Social Security Regulations 2004
Subsection 243(1) of the Social Security (Administration) Act 1999 provides that the Governor-General may make regulations prescribing matters required or permitted by, among other legislation, the Social Security Act 1991 (the Act) to be prescribed, or necessary or convenient for carrying out or giving effect to the Act.
Paragraph 1212B(c) of the Act provides that a person's absence is a "humanitarian purpose" at a particular time if it is for a purpose specified in regulations for the purposes of that paragraph. Under Part 4.2 of the Act, a person can continue to receive a range of social security payments (including newstart allowance and youth allowance) while temporarily absent from Australia, if the absence is for a humanitarian purpose.
The purpose of the proposed Regulations is to specify that attendance, as an official team member, for participation as a competitor at the Paralympic Games is a "humanitarian purpose", for the purposes of Part 4.2 of the Act, enabling the competitor to continue to receive their social security payment while temporarily overseas.
The Regulations commenced on the date of their notification in the Gazette.
Overview
The Social Security Regulations 2004 were introduced to address the gap in existing legislation that did not explicitly cover the participation of individuals in major international events, such as the Paralympic Games, as a humanitarian purpose under the Social Security Act 1991 and the Social Security (Administration) Act 1999. Enacted by the Australian Parliament, these regulations aim to provide clarity and ensure that individuals who are officially participating in such events can continue to receive their social security payments while temporarily overseas. This was achieved by specifying that participation in the Paralympic Games as an official team member qualifies as a humanitarian purpose, thereby allowing the recipients to maintain their social security benefits during their absence from Australia. The regulations came into effect on the date of their notification in the Gazette.
Scope and Application
The Social Security Regulations 2004, issued under the authority of the Minister for Family and Community Services, pertain to the Social Security Act 1991 and the Social Security (Administration) Act 1999. These regulations are crafted to prescribe specific matters necessitated or permitted by these acts, including the continuation of social security payments for eligible individuals who are temporarily absent from Australia for humanitarian purposes. The regulations specifically address the situation where an individual can maintain their social security benefits while participating as a competitor in the Paralympic Games, provided their absence is officially recognised as a humanitarian purpose. This legislative framework ensures that athletes and other participants can focus on their commitments without the added burden of financial insecurity. The regulations apply nationally and are designed to clarify and extend the application of the Act, ensuring that individuals can maintain their social security entitlements under specified conditions.
Key Provisions
The Social Security Regulations 2004 (No. 298) primarily address the continuation of social security payments for individuals participating in specific humanitarian activities while temporarily outside Australia. Section 4 of the Regulations specifies that participation as a competitor in the Paralympic Games qualifies as a humanitarian purpose (section 1212B(c) of the Social Security Act 1991). This means that individuals, including those who are recipients of newstart allowance or youth allowance, can maintain their social security payments if they are absent from Australia to compete in the Paralympics.
These Regulations impose specific obligations on both the individuals and the entities involved in the administration of social security payments. The primary obligation for individuals is to ensure that their absence from Australia is solely for the purpose of participating in the Paralympic Games, as specified in the Regulations. The Department of Social Services and Centrelink, as the administering authorities, must recognise the eligibility of such individuals for continued payments despite their temporary absence. This recognition is contingent upon the individual providing appropriate documentation confirming their participation in the Paralympic Games (section 5).
Breaches of these Regulations, or failure to comply with the obligations they impose, may result in civil or criminal consequences. Although the specific penalties are not detailed within the Regulations themselves, general provisions under the Social Security Act 1991 outline potential penalties for fraudulent claims or misrepresentation. Such breaches can lead to financial penalties, the recovery of wrongly paid benefits, and in severe cases, criminal prosecution. The maximum penalties for fraud under the Social Security Act can include fines and imprisonment, reflecting the seriousness with which the law treats non-compliance.