EXPLANATORY STATEMENT

Social Security (Special Disability Trust Beneficiary Requirements) (FaCSIA) Nomination of Agreement 2006

Summary

The Social Security (Special Disability Trust Beneficiary Requirements) (FaCSIA) Nomination of Agreement 2006 (the Instrument) is made under subsection 1209M(3) of the Social Security Act 1991 (the Act). The purpose of the Instrument is for Secretary of the Department of Families, Communities and Indigenous Affairs, or the Secretary’s delegate, to nominate an Agreement for the purposes of subparagraph 1209M(2)(b)(ii); that is, one of the possible ways for a trust to qualify as a special disability trust is if the beneficiary lives in an institution, hostel or group home in which care is provided for people with disabilities and for which funding is provided (in whole or part) under an agreement nominated by the Secretary under this Instrument.

The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

This instrument commences on 20 September 2006.

The effect of the Instrument is that each of the agreements specified in Schedule 1, namely each of the agreements entered into between the Commonwealth and a State/Territory, collectively known as the “Commonwealth State/Territory Disability Agreement”, will be an agreement nominated by the Secretary for the purposes of subparagraph 1209M(2)(b)(ii) of the Act.

Consultation

The Department of Education, Science and Training and the Department of Employment and Workplace Relations were consulted in the making of this Determination, to ensure a co‑ordinated approach in respect of payments under the Act for which they have responsibility.

Regulation Impact Statement

There was no requirement to prepare a Regulation Impact Statement in regard to the Guidelines, as this measure is not likely to have a direct, or a substantial indirect, effect on business and is not likely to restrict competition.