Social Security (South Australian 'Individualised Funding') (DEEWR) Determination 2012 (No. 1)

Administered by Department of Social Services

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EXPLANATORY STATEMENT

Social Security (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1)

The Social Security (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1) (the Determination) is made under section 35A of the Social Security Act 1991 (the Act).

Background

Under the social security law, all income earned, derived or received for a person’s own use or benefit, is treated as income.  The only exceptions are items specifically exempted from the social security income test.

Section 35A of the Act allows the Minister for Employment and Workplace Relations to determine that a scheme for the provision of personal care support is an approved scheme for the purposes of the Act.  Payments made under an approved scheme are exempt from the income test under paragraph 8(8)(zi) of the Act in relation to the person who is receiving care.

The program known as ‘Individualised Funding’ has been established by the South Australian Department for Communities and Social Inclusion to enable people with disability to have control and choice about the supports they receive from the South Australian Government.  The program is intended to improve the lives of people with disability through greater choice and control in the supports they need and in achieving their goals and aspirations.  The program will be available to people with disability from January 2013.

Purpose

The purpose of the Determination is to determine that the Government of South Australia’s ‘Individualised Funding’ program is an approved personal care support scheme for the purposes of the Act.

This means that payments made under the Individualised Funding program towards the cost of personal care support services for a person, will be exempt from the social security income test in relation to social security payments for which the Minister for Employment and Workplace Relations is responsible.

A similar instrument is being considered by the Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform and the Minister for Tertiary Education, Skills, Science and Research in relation to social security payments for which those Ministers are responsible.

The Determination is a legislative instrument and commences the day after it is registered.

Explanation of the Provisions

 

Section 1 states the name of the Determination.

 

Section 2 provides that the Determination commences on the day after it is registered.

 

Section 3 provides that ‘Individualised Funding’, being the program of that name established by the South Australian Department for Communities and Social Inclusion, is an approved scheme for the purposes of the Act.

 

Consultation

 

Consultation on the Determination was undertaken with the South Australian Department for Communities and Social Inclusion as well as the Department of Families, Housing, Community Services and Indigenous Affairs, and Department of Industry, Innovation, Science, Research and Tertiary Education.

 

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 (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1)

The Social Security (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1) (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 Government of South Australia’s ‘Individualised Funding’ program is an approved personal care support scheme for the purposes of the Act, thereby exempting Individualised Funding from the social security income test.

The Individualised Funding program has been established by the South Australian Department for Communities and Social Inclusion to enable people with disability to have control and choice about the supports they receive from the South Australian Government.  The program will be available to people with disability from January 2013.

The Determination ensures that people receiving Individualised Funding from the Government of South Australia will not have this funding assessed as income for social security purposes thereby ensuring that recipients retain the full value of the Individualised 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 Employment and Workplace Relations 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 Employment and Workplace Relations 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 Bill Shorten MP, Minister for Employment and Workplace Relations

 

Overview

The Social Security (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1) was enacted to address the need for a scheme that would allow individuals with disabilities to have more control and choice over the support they receive, without this funding impacting their social security income. The Determination, made under section 35A of the Social Security Act 1991, aims to exempt payments made under the South Australian Government’s ‘Individualised Funding’ program from the social security income test. This ensures that recipients retain the full value of the funding they receive, supporting their right to social security. The Determination was introduced by the Minister for Employment and Workplace Relations and is compatible with human rights as declared in relevant international instruments, ensuring that the scheme upholds the right to social security for eligible individuals.

Scope and Application

The Social Security (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1) applies to the Government of South Australia’s ‘Individualised Funding’ program, which is designed to offer personal care support to individuals with disabilities. The Determination, made under section 35A of the Social Security Act 1991, ensures that payments made under this program are exempt from the social security income test for recipients of social security payments for which the Minister for Employment and Workplace Relations is responsible. This exemption allows individuals receiving care support through the Individualised Funding program to retain the full value of these payments, thereby safeguarding their social security entitlements. The Determination extends its application to the State of South Australia, and it is effective from the day after its registration, specifically catering to the needs of people with disabilities starting from January 2013. The legislative instrument does not impose regulatory burdens, compliance costs, or competition impacts, and is compatible with human rights as recognised in relevant international instruments.

Key Provisions

The main operative sections of the Social Security (South Australian ‘Individualised Funding’) (DEEWR) Determination 2012 (No. 1) include Section 1, which names the Determination, and Section 3, which provides that ‘Individualised Funding’, the program established by the South Australian Department for Communities and Social Inclusion, is an approved scheme for the purposes of the Social Security Act 1991 (the Act). Section 2 specifies that the Determination commences on the day after it is registered. This determination allows payments made under the Individualised Funding program to be exempt from the social security income test, ensuring that such payments are not treated as income for social security purposes. The obligations and requirements imposed by the Determination on the parties or entities it governs are primarily related to the recognition and implementation of the Individualised Funding program as an approved personal care support scheme. This involves ensuring that payments made under this scheme are not assessed as income for social security purposes. The Determination also requires the program to be administered in a manner that aligns with the objectives of providing choice and control to people with disabilities, thereby improving their lives and supporting their aspirations. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breach of its provisions. However, the Determination is a legislative instrument and is subject to the overarching legal framework provided by the Social Security Act 1991. Any breaches of the Act or its regulations could lead to penalties, including fines and other sanctions, depending on the nature and severity of the breach. The Determination itself ensures that the Individualised Funding program is exempt from the social security income test, thereby supporting the human right to social security for its recipients.

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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.