Social Security (Streamlined Participation Requirements) Instrument 2022

Social Security (Streamlined Participation Requirements) Instrument 2022

made under subsection 28(1) of the

Social Security Act 1991

and subsections 40K(2), 40X(4) and 42AC(3) of the

Social Security (Administration) Act 1999

Compilation No. 1

Compilation date: 1 November 2025

Includes amendments: F2025L01327

About this compilation

This compilation

This is a compilation of the Social Security (Streamlined Participation Requirements) Instrument 2022 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1  Name

3  Authority

Part 2—Approved programs of work for income support payment

5  Approved programs of work for income support payment

Part 3—Kinds of requirements that employment pathway plans must not contain

6  Kinds of requirements that employment pathway plans must not contain

Part 4—Matters to be taken into account in working out whether particular paid work is unsuitable

7  Matters to be taken into account in working out whether particular paid work is unsuitable

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Social Security (Streamlined Participation Requirements) Instrument 2022.

3  Authority

  This instrument is made under the following:

 (a) subsection 28(1) of the Social Security Act 1991;

 (b) subsections 40K(2), 40X(4) and 42AC(3) of the Social Security (Administration) Act 1999.

Part 2—Approved programs of work for income support payment

5  Approved programs of work for income support payment

  For the purposes of subsection 28(1) of the Social Security Act 1991, the following programs are declared to be approved programs of work for income support payment:

 (a) Work for the Dole;

 (b) Work Skills and Projects.

Part 3—Kinds of requirements that employment pathway plans must not contain

6  Kinds of requirements that employment pathway plans must not contain

  For the purposes of subsection 40K(2) of the Social Security (Administration) Act 1999, the following kinds of requirements are declared:

 (a) a requirement that a person:

 (i) seek to be involved in, or be involved in, a criminal activity; or

 (ii) undergo involuntary medical treatment; or

 (iii) undergo involuntary psychiatric or psychological treatment; or

 (iv) in relation to a person who resides in Australia—seek to be involved in, or undertake, an activity outside Australia; or

 (v) seek work as a sex worker, or be involved in, the sex or adult entertainment industry;

 (b) a requirement that a person seek to undertake, or undertake, an activity that would contravene:

 (i) a law of the Commonwealth, a State or a Territory relating to discrimination against persons; or

 (ii) a law of the Commonwealth, a State or a Territory relating to occupational health and safety;

 (c) in relation to a person who has an illness, disability or injury that has been established by medical evidence—a requirement that the person seek to undertake, or undertake, an activity:

 (i) that medical evidence indicates would aggravate the illness, disability or injury; or

 (ii) in circumstances where appropriate support or facilities to manage or take account of the illness, disability or injury would not be available.

Part 4—Matters to be taken into account in working out whether particular paid work is unsuitable

7  Matters to be taken into account in working out whether particular paid work is unsuitable

 (1) This section applies in relation to working out whether particular paid work is unsuitable to be done by a person who:

 (a) has a partial capacity to work; or

 (b) is the principal carer of one or more children (the person’s children).

Note: For the meaning of partial capacity to work, see section 16B of the Social Security Act 1991 and for the meaning of principal carer, see subsections 5(15) to (24) of that Act.

 (2) For the purposes of subsection 40X(4) of the Social Security (Administration) Act 1999, the following matters are to be taken into account in working out whether particular paid work is unsuitable to be done by the person:

 (a) whether the amount of time that would be needed for the person to travel from the person’s home to the place of work, or vice versa, would normally exceed 60 minutes;

 (b) whether the person would be financially worse off as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost of travel that would be incurred by the person in undertaking the work;

 (c) if paragraph (1)(b) applies—whether the person would be financially worse off, or only marginally better off, as a result of undertaking the work, by comparison with not undertaking the work, because of the financial cost to the person in providing appropriate care and supervision for the person’s children at the times when the person would be required to undertake the work.

 (3) For the purposes of paragraph (2)(a), regard must be had to all forms of transport (whether public or private) that are available to, and accessible by, the person.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history