Social Security (South Australian ’Individualised Funding’) (DIISRTE) Determination 2013

Administered by Department of Social Services

Legislation au F2013L00585 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013

The Social Security (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013 (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 Tertiary Education, Skills, Science and Research 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.  

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 Tertiary Education, Skills, Science and Research is responsible.

A similar instrument is being considered by the Minister for Employment and Workplace Relations and the Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform 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 by the Department of Families, Housing, Community Services and Indigenous Affairs with the South Australian Department for Communities and Social Inclusion,  the Department of Industry, Innovation, Science, Research and Tertiary Education and the Department of Education, Employment and Workplace Relations.

 

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’) (DIISRTE) Determination 2013

The Social Security (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013 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 (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013 (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 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 right to social security contained in Article 9 of the International Covenant on Economic, Social and Cultural Rights.

 

The right to social security

 

Section 35A of the Act allows the Minister for Tertiary Education, Skills, Science and Research 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 Tertiary Education, Skills, Science and Research is responsible. The determination, by ensuring that recipients retain the full value of the Individualised Funding, 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.

 

 

Senator Chris Bowen, Minister for Tertiary Education, Skills, Science and Research

Overview

The Social Security (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013, made under section 35A of the Social Security Act 1991, aims to address the problem of individuals receiving disability support payments through the South Australian Government's ‘Individualised Funding’ program being incorrectly assessed for the social security income test. This Determination was enacted by the Australian Government to ensure that payments made under the Individualised Funding program are exempt from the social security income test, thereby protecting the income of recipients. The objective of this Determination is to ensure that people with disability retain the full value of their Individualised Funding, which in turn supports their right to social security. This legislative instrument is compatible with human rights and freedoms as recognised in international instruments, particularly the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Social Security (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013 applies to the Government of South Australia’s ‘Individualised Funding’ program, which is designed to provide personal care support services to people with disabilities. This Determination ensures that payments made under the Individualised Funding program are exempt from the social security income test for recipients of social security payments for which the Minister for Tertiary Education, Skills, Science and Research is responsible. The scope of the Determination is limited to the social security context and does not extend to other areas of law or benefits. The program itself is established by the South Australian Department for Communities and Social Inclusion and aims to improve the lives of people with disability by giving them more control and choice over the supports they receive. The Determination does not impose any new obligations or restrictions on the program beyond ensuring its payments are exempt from the income test under certain conditions. The Determination's application is specific to the Commonwealth's social security framework and does not extend to state or territory-specific social security schemes unless otherwise specified by similar instruments under different Ministers.

Key Provisions

The main operative sections of the Social Security (South Australian ‘Individualised Funding’) (DIISRTE) Determination 2013 are found in Section 3 (subsections 1 to 3). Section 1 names the Determination, Section 2 specifies the commencement date, and Section 3 establishes that the Individualised Funding program, as established by the South Australian Department for Communities and Social Inclusion, is recognised as an approved scheme under the Social Security Act 1991. This means that payments made under this program for personal care support are exempt from the social security income test. The Determination imposes obligations on the South Australian Government to ensure that the Individualised Funding program adheres to the standards and requirements set out by the Social Security Act 1991. It mandates that payments made under the Individualised Funding scheme are not treated as income for social security purposes, thereby protecting the financial entitlements of recipients. This ensures that people with disabilities who receive funding through this program are not disadvantaged by having their funding counted as income, which could reduce their social security payments. There are no explicit offences, penalties, or civil/criminal consequences outlined within the Determination itself for breach of its provisions. However, the Social Security Act 1991 does provide for a range of penalties for non-compliance with social security laws. These can include fines and imprisonment, depending on the nature and severity of the breach. The Determination serves to ensure compliance by clarifying the exemption status of Individualised Funding payments under the Act, thereby reducing the risk of these payments being incorrectly assessed as income.

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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.