Social Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015

made under the Social Security (Administration) Act 1999

Compilation No. 2

Compilation date:                          13 September 2016

Includes amendments up to:           Social Security (Administration) (Trial Area – Ceduna and Surrounding Region) Amendment Determination (No. 2) 2016 (F2016L01424)

Prepared by the Department of Social Services

About this compilation

This is a compilation of the Social Security (Administration) (Trial

Area — Ceduna and Surrounding Region) Determination 2015 that shows the

text of the law as amended and in force on 15 March 2016 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and

amendments

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. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a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.

1              Name of Determination

                This Determination is the Social Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015.

2              Commencement

                This Determination commences on 15 March 2016.

3              Cessation

                This Determination ceases on 14 March 2017.

4              Definitions

                In this Determination:

                ABSTUDY Scheme has the meaning given by subsection 23(1) of the Social Security Act.

                Act means the Social Security (Administration) Act 1999.

                Ceduna means the area of the District Council of Ceduna as defined in accordance with the Local Government Act 1999 (SA).

                outside trial area student means:

(a)  a full-time student for the purposes of Part 3B of the Act; or

(b)  a person receiving a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or

(c)  a person receiving pensioner education supplement at a fortnightly rate provided for by subsection 1061PZG (2) of the Social Security Act; or

(d)  a person who is receiving youth allowance as a new apprentice as defined in subsection 23(1) of the Social Security Act; or

(e)  a person who is receiving an austudy payment; or

(f)   a person who is receiving special benefit on the basis the person is:

(i)    required by the Secretary to undertake a course under section 736 of the Social Security Act; or

(ii)  engaged in a course undertaken under a Special Benefit Employment Pathway Plan;

who lives outside the trial area for the purposes of meeting study requirements.

              Part 3D payment nominee means:  

(a)  a person who is, by virtue of an appointment in force under section 123B of the Act or section 219TB of the A New Tax System (Family Assistance)(Administration) Act 1999, the payment nominee of another person; or.

(b)  a person to whom another person's instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act; or

(c)  a person to whom another person’s payments under the scheme known as the ABSTUDY Scheme are to be paid in accordance with part 71.7 of the ABSTUDY policy manual.

pension age has the meaning given by section 23 of the Social Security Act.

Social Security Act means the Social Security Act 1991

                Surrounding Region is the area composed of and limited to the Australian Bureau of Statistics’ 2011 Australian Statistical Geography Standard (ASGS) Statistical Area Level 1s (SA1) of 40601113409, 40601113410, 40601113501 and 40601113502.

5              Trial area

Ceduna and the Surrounding Region are each an area for the purposes of the definition of trial area under subsection 124PD(2) of the Act.

6              Application of trigger payment

For subsection 124PG(1) of the Act, all the trigger payments listed in subsection 124PD(1) of the Act apply both:

(a)    in respect of a class of persons who:

(i)     do not have a Part 3D payment nominee; and

(ii)    are not the subject of a determination made by the Secretary under subsection 43(3A) of the Act; and

(iii)  have not reached pension age and will not reach pension age during the 12 month period commencing 15 March 2016; and

(iv)  are not subject to the income management regime under section 123UC or 123UF of the Act; and

(v)    are not subject to the income management regime under section 123UCB or 123UCC of the Act because subsection 123UCB(3) or subsection 123UCC(3) applies to the person; and

(vi)  are not an outside trial area student; and

(vii) are not the subject of a determination by the Secretary under section 7 of this Determination; and  

(b)    in relation to Ceduna and the Surrounding Region.

7           Class of persons—determination by Secretary

(1)  The Secretary may determine that a person, who would otherwise be in a class of persons determined in section 6, is not in a class of person for the purposes of subsection 124PG(1) of the Act if the Secretary is satisfied that being a trial participant would seriously risk that person’s mental, physical or emotional wellbeing.

(2)  To avoid doubt, the Secretary is not required to consider whether to make a decision under this section prior to a person becoming a trial participant.

Note to the Social Security (Administration) (Trial Area – Ceduna and Surrounding Region) Determination 2015

Table of Instruments

Table of Amendments