Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)
as amended
made under subsection 731A (11A) of the
Social Security Act 1991
This compilation was prepared on 17 June 2010
taking into account amendments up to Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Amendment Specification 2010 (No. 1)
Prepared by the Public Law Branch,
Department of Families, Housing, Community Services and Indigenous Affairs, Canberra
Contents
Page
1 Name (see Note 1)
2 Commencement (see Note 1)
3 Interpretation
4 Specification of classes of persons
Notes
Table of Amendments
1 Name (see Note 1)
This Instrument is the Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1).
2 Commencement (see Note 1)
This Instrument commences on 1 July 2009.
3 Interpretation
(1) In this Instrument:
Act means the Social Security Act 1991.
low capacity to work has the meaning given by subsection 3(2).
Stream 4 employment services means those services specified as Stream 4 in the Employment Services Contract 2009-2012.
vocational services means services the dominant objective of which is to secure employment for the person receiving the services.
Example
Psychological counselling would not be a vocational service.
(2) A person has a low capacity to work if the Secretary is satisfied that:
(a) the person has a physical, intellectual or psychiatric impairment; and
(b) the impairment, of itself, prevents the person from doing 15 hours per week of work independently of a program of support.
(3) For subsection (2), 15 hours per week of work means work:
(a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and
(b) that exists in Australia, even if not within the person’s locally accessible labour market.
(4) For subsection (2), a person is able to do work independently of a program of support if the Secretary is satisfied that, to do the work, the person:
(a) does not need or would not need a program of support that:
(i) is designed to assist the person to prepare for, find or maintain work; and
(ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or
(b) needs or would need such a program of support, but only occasionally; or
(c) needs or would need such a program of support, but not on an ongoing basis.
4 Specification of classes of persons
For subparagraph 731A(11)(b)(i) of the Act, the following classes of persons are specified:
(a) persons receiving Stream 4 employment services where those services do not include vocational services;
(b) persons who have a low capacity to work;
(c) persons who are the principal carers of one or more children.
Notes
Note 1
The Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) (in force under subsection 731A (11A) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of FRLI registration | Date of commencement | Application, saving or transitional provisions |
Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) | 30 June 2009 (see F2009L02623) | 1 July 2009 | |
Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Amendment Specification 2010 (No. 1) | 1 June 2010 (see F2010L01442) | 1 July 2010 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S.4(b)................... | rs. 2010 F2010L01442; |
S.4(c)................... | ad. 2010 F2010L01442; |
Overview
The Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) was enacted to address the need to clarify and specify the classes of persons who are exempt from the activity test under the Social Security Act 1991. This legislative instrument was made under the authority of subsection 731A(11A) of the Act by the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), a body within the Australian government responsible for social services. The primary objective of this legislation is to provide clear guidance on who qualifies for an exemption from the activity test, thereby ensuring that those who genuinely need support can receive it without unnecessary barriers.
The specification identifies specific classes of individuals who satisfy the activity test, including persons receiving certain employment services, those with a low capacity to work, and principal carers of children. By detailing these classes, the legislation aims to streamline the application process and ensure that the social security system supports those most in need, in line with broader policy objectives of equitable access to social services. This specification came into effect on 1 July 2009 and has been subject to amendments to refine the criteria and ensure continued relevance.
Scope and Application
The Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) specifies classes of persons for whom the activity test under the Social Security Act 1991 is satisfied, thereby exempting them from the requirement to actively seek work to qualify for certain benefits. This legislative instrument applies to individuals who are receiving Stream 4 employment services that do not include vocational services, those who have a low capacity to work, and principal carers of one or more children. The Act has a national jurisdictional reach, affecting all individuals within Australia who fall into these specified categories. The Act's scope can be extended or modified through subordinate instruments, such as the 2010 amendment, which added new classes of persons and redefined existing ones. Notably, the Act does not explicitly state any exclusions or thresholds beyond the specified classes of persons.
Key Provisions
The main operative sections of this legislation detail the classes of persons who are exempt from the activity test under the Social Security Act 1991. Specifically, section 4 specifies that persons receiving Stream 4 employment services, persons who have a low capacity to work, and persons who are the principal carers of one or more children are exempt from the activity test (subsection 731A(11)(b)(i) of the Act). This means that these individuals do not need to meet the activity requirements to receive their social security benefits.
The obligations and requirements imposed by this Act primarily focus on ensuring that those who fall under the specified classes are correctly identified and exempted from the activity test. For instance, Stream 4 employment services providers must ensure that the services they provide do not include vocational services to qualify for the exemption. Additionally, the Act requires the Secretary to determine whether a person has a low capacity to work, which involves assessing whether the person has a physical, intellectual, or psychiatric impairment that prevents them from working at least 15 hours per week independently of a program of support.
There are no explicit offences or penalties stated in the text of this legislation for breach of its provisions. However, any failure to comply with the requirements to correctly identify and exempt the specified classes from the activity test could potentially lead to administrative actions or the incorrect denial of benefits. While the text does not provide specific maximum penalties, breaches of the Social Security Act 1991 more broadly could result in civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach.