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Principles as made
This instrument has been made for the purposes of subsection 123UGA(2) of the Act and replace the existing Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010 to address service delivery issues raised by the Commonwealth Ombudsman.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Made 26 Jun 2012
Registered 28 Jun 2012
Tabled HR 14 Aug 2012
Tabled Senate 14 Aug 2012
Date of repeal 01 Jul 2013
Repealed by Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2013
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
23-Aug-2012
Expiry Date:
01-Nov-2012
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
29-Oct-2012
Resolution Time:
18:30
Provisions:
whole

I, JENNY MACKLIN, Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform, acting under subsection 123UGA(2) of the Social Security (Administration) Act 1999 and on behalf of the Minister for Employment and Workplace Relations and the Minister for Tertiary Education, Skills, Science and Research, make these Principles.

Dated                         26th June                                           2012

J Macklin

Minister for Families, Community Services and Indigenous Affairs and
Minister for Disability Reform


1          Name of Principles

These Principles are the Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2012.

2          Commencement

These Principles commence on 1 July 2012.

3          Revocation of previous instrument

The Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2010 are revoked.

4          Interpretation

(1)       In these Principles:

Act means the Social Security (Administration) Act 1999.

current determination means a determination that is in force, in relation to a person, under subsection 123UGA(1) of the Act.

earned, derived or received has the meaning given by subsection 8(2) of the Social Security Act.

income has the meaning given by subsection 8(1) of the Social Security Act.

indicator of vulnerability has the meaning given by subsection (2).

relevant priority needs, in relation to a person (the first person), means:

(a)       the priority needs of the first person; and

(b)       the priority needs of each specified dependant of the person.

Note 1:   For priority needs, see section 123TH of the Act.

Social Security Act means the Social Security Act 1991.

specified dependant, in relation to a person (the first person), means any of the following persons:

(a)    a child of the first person;

(b)    the first person’s partner;

(c)    any other dependant of the first person.

subject to the income management regime means subject to the income management regime set up under Part 3B of the Act.

(2)       For the purposes of these Principles, each of the following circumstances is an indicator of vulnerability:

(a)       financial exploitation;

(b)       financial hardship;

(c)       failure to undertake reasonable self-care;

(d)       homelessness or risk of homelessness.

 

(3)       For the purposes of these Principles, a person (the first person) is experiencing financial exploitation if another person, or an entity (whether or not it has legal personality):

(a)       has acquired; or

(b)       has attempted to acquire; or

(c)       is attempting to acquire;

possession of, control of or the use of, or an interest in, some or all of the first person’s financial resources, through the use of undue pressure, harassment, violence, abuse, deception, duress, fraud or exploitation.

(4)       For the purposes of these Principles, a person is experiencing financial hardship if:

(a)       the person is unable, due to a lack of financial resources, to obtain goods or services, or to access or engage in activities, to meet his or her relevant priority needs; and

(b)       the lack of financial resources mentioned in paragraph (a) is not solely attributable to the amount of income earned, derived or received by the person.

(5)       For the purposes of these Principles, a person is experiencing failure to undertake reasonable self-care if:

(a)       the person is engaged in conduct that threatens the physical or mental wellbeing of the person; and

(b)       the Secretary is satisfied that the person has not taken sufficient steps to address the conduct.

(6)       For the purposes of these Principles, a person is experiencing homelessness or risk of homelessness if the person:

(a)       does not have access to safe, secure and adequate housing; or

(b)       does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access; or

(c)       is using, or is at risk of needing to access, emergency accommodation or a refuge.

5          Purpose

(1)       Section 6 of these Principles sets out decision-making principles that the Secretary must comply with in either making, or deciding whether to revoke or vary, a determination under subsection 123UGA(1) of the Act, that a person is a vulnerable welfare payment recipient for the purposes of Part 3B of the Act.

6          Decision-making Principles

(1)       Subject to subsections (2), (3), (4), (5) and (6), in making a determination under subsection 123UGA(1) of the Act about a person, or in considering whether to vary or revoke a current determination about a person, the Secretary must consider whether:

(a)       the person:

                        (i)       is experiencing an indicator of vulnerability; or

                       (ii)       is subject to the income management regime but is likely to experience an indicator of vulnerability if the person does not become subject to a determination under subsection 123UGA(1) of the Act or does not remain subject to a current determination (as applicable); and

(b)       the person:

                        (i)       is applying appropriate resources to meet some or all of the person’s relevant priority needs; or

                       (ii)       is subject to the income management regime but is likely not to apply appropriate resources to meet some or all of the person’s relevant priority needs if the person does not become subject to a determination under subsection 123UGA(1) of the Act or does not remain subject to a current determination (as applicable); and

(c)       if the person is experiencing an indicator of vulnerability, or, if the person is subject to the income management regime but is likely to experience an indicator of vulnerability if the person does not become subject to a determination under subsection 123UGA(1) of the Act or does not remain subject to a current determination (as applicable) – whether income management under section 123UCA of the Act is an appropriate response to that indicator of vulnerability; and

(d)       income management under section 123UCA of the Act is assisting, or will assist, the person to apply appropriate resources to meet some or all of the person’s relevant priority needs.

Note:   For relevant priority needs ― see subsection 3(1).

(2)       For paragraph (1)(a), in considering whether a person is experiencing an indicator of vulnerability, or is likely to experience an indicator of vulnerability, in relation to a person who is:

(a)       the subject of a current determination; and

(b)       being considered for a new determination under subsection 123UGA(1) of the Act;

the Secretary may act on the basis of relevant documents and information in his or her possession.

(3)       The Secretary is not required to consider the matters mentioned in paragraphs (1)(b) to (d) if satisfied that the person is:

(a)       not experiencing an indicator of vulnerability; or

(b)       not likely to experience an indicator of vulnerability if the person does not become subject to a determination under subsection 123UGA(1) of the Act or does not remain subject to a current determination (as applicable).

(4)       The Secretary is not required to consider the matters mentioned in paragraphs (1)(c) and (d) if satisfied that the person is:

(a)       applying appropriate resources to meet some or all of the person’s relevant priority needs; or

(b)       likely to apply appropriate resources to meet some or all of the person’s relevant priority needs if the person does not become subject to a determination under subsection 123UGA(1) of the Act or does not remain subject to a current determination (as applicable).

(5)       For paragraphs (1)(c) and (d), the Secretary may be satisfied that income management under section 123UCA of the Act is an appropriate response and will assist the person to meet some or all of his or her relevant priority needs despite the fact that the person is willing to enter, or has entered, into a voluntary income management agreement with the Secretary under section 123UM of the Act.

(6)       For paragraphs (1)(c) and (d), in considering whether income management under section 123UCA of the Act is an appropriate response and is assisting, or will assist, the person to meet some or all of his or her relevant priority needs, the Secretary must have regard to the following matters:

(a)       all the relevant personal circumstances of the person;

(b)       any services (however described) that are available, or that can be made available, to the person;

(c)       if the person is, or has been, subject to the income management regime, any changes that have occurred to the person’s personal circumstances during the period in which the person was subject to the income management regime;

(d)       if the person is, or has been, subject to the income management regime, the likely impact on the person, and on any specified dependent of the person, of a determination being made about the person under subsection 123UGA(1) of the Act; and

(e)       if there is a current determination about the person and the Secretary proposes to vary or revoke that determination, the likely impact on the person, and on any specified dependent of the person, of the proposed variation or revocation (as applicable).

(7)       Subsection (6) does not prevent the Secretary from having regard to matters other than the matters mentioned in that subsection.