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Determinations/Social Security as amended, taking into account amendments up to Social Security (Declared Program Participant) Amendment Determination 2019
Administered by: Education, Skills and Employment
Registered 08 Mar 2019
Start Date 01 Mar 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Social Security (Declared Program Participant) Determination 2018

made under subsection 28C(1) of the

Social Security Act 1991

Compilation No. 1

Compilation date:                              1 March 2019

Includes amendments up to:            F2019L00221

Registered:                                         8 March 2019

 

About this compilation

This compilation

This is a compilation of the Social Security (Declared Program Participant) Determination 2018 that shows the text of the law as amended and in force on 1 March 2019 (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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Declared program participants....................................................................................... 2

6............ When a person becomes a declared program participant................................................ 2

7............ When a person ceases to be a declared program participant........................................... 2

8............ Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable.................................................................................................................... 3

9............ Reconnection requirements taken to be complied with when a person becomes a declared program participant      4

10.......... Reconnection requirements and further reconnection requirements taken to be complied with when a person ceases to be a declared program participant....................................................................................... 4

11.......... Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable for certain failures....................................................................................... 5

12.......... Effect of becoming or ceasing to be a declared program participant during an instalment period in which an instalment is to be reduced or a penalty is to be deducted................................................................... 6

13.......... Effect of becoming a declared program participant during a period in which a participation payment is cancelled   7

Endnotes                                                                                                                                                                 8

Endnote 1—About the endnotes                                                                                                        8

Endnote 2—Abbreviation key                                                                                                            9

Endnote 3—Legislation history                                                                                                       10

Endnote 4—Amendment history                                                                                                     11

Endnote 5—Editorial changes                                                                                                          12


1  Name

                   This instrument is the Social Security (Declared Program Participant) Determination 2018.

3  Authority

                   This instrument is made under subsection 28C(1) of the Act.

4  Definitions

Note:          Some expressions used in this instrument are defined in the Act or Administration Act, including the following:

(a)      Employment Department;

(b)     further reconnection requirement;

(c)      participation payment;

(d)     post‑cancellation non‑payment period;

(e)      reconnection requirement;

(f)      serious failure period;

(g)     serious failure requirement;

(h)     unemployment non‑payment period; and

(i)       unemployment preclusion period.

             (1)  In this instrument:

Act means the Social Security Act 1991.

Administration Act means the Social Security (Administration) Act 1999.

Community Development Program provider means an organisation that performs functions or provides services from time to time for the purposes of the social security law under the:

                     (a)  Funding Agreement 2013‑2018 Remote Jobs and Communities Programme (now referred to as the Remote Jobs and Communities Programme Funding Agreement 2013‑2018); or

                     (b)  Head Agreement for the Community Development Program 2019‑2022;

whether or not the organisation also acts in other capacities.

relevant payment means:

                     (a)  a participation payment; or

                     (b)  disability support pension.

             (2)  For the purposes of this instrument, a person is serviced by a Community Development Program provider if a Community Development Program provider (in its capacity as a Community Development Program provider) is recorded in the Employment Department’s Information Technology system as the person’s employment services provider.

5  Declared program participants

             (1)  Subject to sections 6 and 7, for the purposes of subsection 28C(1) of the Act, a person is a declared program participant if the person:

                     (a)  has claimed or is receiving a relevant payment; and

                     (b)  is serviced by a Community Development Program provider.

             (2)  For the purposes of this section, a person is taken to be receiving a relevant payment during a period in which the person’s relevant payment is:

                     (a)  payable;

                     (b)  not payable; or

                     (c)  reduced to nil.

6  When a person becomes a declared program participant

             (1)  If a person:

                     (a)  has claimed or is receiving a relevant payment; and

                     (b)  is serviced by a Community Development Program provider on the day on which this instrument commences;

                   the person becomes a declared program participant on that day.

             (2)  If a person:

                     (a)  has claimed or is receiving a relevant payment; and

                     (b)  begins to be serviced by a Community Development Program provider after the commencement of this instrument;

                   the person becomes a declared program participant on the day after the day on which the Community Development Program provider (in its capacity as a Community Development Program provider) becomes recorded as the person’s employment services provider in the Employment Department’s Information Technology System.

             (3)  For the purposes of this section, a person is taken to be receiving a relevant payment during a period in which the person’s relevant payment is:

                     (a)  payable;

                     (b)  not payable; or

                     (c)  reduced to nil.

7  When a person ceases to be a declared program participant

                   A person ceases to be a declared program participant at the end of the day on which a Community Development Program provider (in its capacity as a Community Development Program provider) ceases to be recorded as the person’s employment services provider in the Employment Department’s Information Technology System.

8  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable

             (1)  If:

                     (a)  a person is not a declared program participant;

                     (b)  the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to the person (other than a determination under paragraph 42AF(2)(d) or subsections 42AG(2), 42AH(1) or 42AH(2) of the Administration Act);

                     (c)  the determination results in a participation payment not being payable to the person for a period;

                     (d)  the person subsequently becomes a declared program participant; and

                     (e)  the period has not ended on the day the person becomes a declared program participant;

                   then the period is taken to have ended on the day before the day the person becomes a declared program participant.

             (2)  If the period in paragraph 1(c) is taken to have ended under subsection (1), then, for the purposes of (but subject to) the social security law, the participation payment is taken to be payable to the person from the start of the period.

Note 1:       Determinations under paragraph 42AF(2)(d) and subsections 42AG(2) and 42AH(1) of the Administration Act result in the cancellation of a person's payment, and participation payments not being payable to the person for a ‘post‑cancellation non‑payment period’: see section 42AP of the Administration Act. The effect of becoming a declared program participant during this period is dealt with in section 13 of this instrument.

Note 2:       A determination under subsection 42AH(2) of the Administration Act results in participation payments not being payable to the person for an ‘unemployment preclusion period’. The effect of becoming a declared program participant during this period is dealt with in subsection 11(1) of this instrument.

             (3)  If:

                     (a)  a person is a declared program participant;

                     (b)  either before or after the person becomes a declared program participant, the Secretary makes a determination under Division 3A of Part 3 of the Administration Act in relation to the person (other than a determination under sections 42M, 42N and 42NC or subsection 42S(1) of the Administration Act);

                     (c)  the determination results in a participation payment not being payable to the person for a period;

                     (d)  the person subsequently ceases to be a declared program participant; and

                     (e)  the period has not ended on the day the person ceases to be a declared program participant;

                   then the period is taken to have ended on the day before the day the person ceases to be a declared program participant.

             (4)  If the period in paragraph 3(c) is taken to have ended under subsection (3), then, for the purposes of (but subject to) the social security law, the participation payment becomes payable to the person for that period.

Note 1:       Determinations under sections 42M, 42N and 42NC of the Administration Act result in a participation payment not being payable to the person for a ‘serious failure period’: see section 42P of the Administration Act. The effect of ceasing to be a declared program participant during this period is dealt with in subsections 11(2) and 11(3) of this instrument.

Note 2:       A determination under subsection 42S(1) of the Administration Act results in a participation payment not being payable to the person for an ‘unemployment non‑payment period’. The effect of ceasing to be a declared program participant during this period is dealt with in subsection 11(4) of this instrument.

9  Reconnection requirements taken to be complied with when a person becomes a declared program participant

                   If:

                     (a)  a person is not a declared program participant;

                     (b)  the Secretary imposes a reconnection requirement on the person under section 42AM of the Administration Act (the reconnection requirement);

                     (c)  the person subsequently becomes a declared program participant; and

                     (d)  on the day the person becomes a declared program participant:

                              (i)  the person has not complied with the reconnection requirement;

                             (ii)  the person’s suspension period has not been ended early under paragraph 42AL(3)(b) of the Administration Act; and

                            (iii)  a period of 4 weeks has not elapsed since the person was notified of the reconnection requirement under subsection 42AM(2) of the Administration Act;

                   then the person is taken, on the day before the day the person becomes a declared program participant, to have complied with the reconnection requirement.

10  Reconnection requirements and further reconnection requirements taken to be complied with when a person ceases to be a declared program participant

                   If:

                     (a)  a person is a declared program participant;

                     (b)  either before or after the person becomes a declared program participant, the Secretary imposes:

                              (i)  a reconnection requirement on the person under section 42G of the Administration Act (the reconnection requirement); or

                             (ii)  a further reconnection requirement on the person under section 42J of the Administration Act (the further reconnection requirement); and

                     (c)  the person subsequently ceases to be a declared program participant; and

                     (d)  on the day the person ceases to be a declared program participant:

                              (i)  the person has not complied with the reconnection requirement or further reconnection requirement; and

                             (ii)  the period for complying with the reconnection requirement or further reconnection requirement has not elapsed;

                            then the person is taken, on the day before the day the person ceases to be a declared program participant, to have complied with the reconnection requirement or further reconnection requirement

11  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable for certain failures

                   Unemployment preclusion period

             (1)  If:

                     (a)  a person is not a declared program participant;

                     (b)  the person makes a claim for a participation payment;

                     (c)  the Secretary makes a determination under subsection 42AH(2) of the Administration Act in relation to the person;

                     (d)  the determination results in a participation payment not being payable to the person for a period (the unemployment preclusion period);

                     (e)  the person subsequently becomes a declared program participant; and

                      (f)  the unemployment preclusion period has not ended on the day the person becomes a declared program participant;

                   then:

                     (g)  a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and

                     (h)  section 42AQ of the Administration Act (with the exception of paragraph 42AQ(a)) applies to the person as though the person was not a declared program participant;

                   for the unemployment preclusion period.

                   Serious failure period

             (2)  If:

                     (a)  a person is a declared program participant;

                     (b)  either before or after the person becomes a declared program participant, the Secretary makes a determination under sections 42M or 42N and a determination under section 42NC of the Administration Act in relation to a person;

                     (c)  the determination or determinations result in the person’s participation payment not being payable for a period under subsection 42P(1) (the serious failure period);

                     (d)  the person subsequently ceases to be a declared program participant; and

                     (e)  the person’s serious failure period has not ended on the day the person ceases to be a declared program participant;

                   then:

                      (f)  a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and

                     (g)  sections 42Q, 42R, 131 and 145 of the Administration Act apply to the person as though the person remained a declared program participant;

                   for the person’s serious failure period.

             (3)  If, in relation to a person to whom subsection (2) applies:

                     (a)  the Secretary imposes a serious failure requirement on the person under subsection 42P(3) of the Administration Act (the serious failure requirement); and

                     (b)  on the day the person’s serious failure period ends, the person has not satisfied the serious failure requirement;

                   then the person is taken, on the day the person’s serious failure period ends, to have satisfied the serious failure requirement.

                   Unemployment non‑payment period

             (4)  If:

                     (a)  a person is a declared program participant;

                     (b)  either before or after the person becomes a declared program participant, the Secretary makes a determination under subsection 42S(1) of the Administration Act in relation to the person;

                     (c)  the determination results in the person’s participation payment not being payable for a period (the unemployment non‑payment period);

                     (d)  the person subsequently ceases to be a declared program participant; and

                     (e)  the unemployment non‑payment period has not ended on the day the person ceases to be a declared program participant;

                   then:

                      (f)  a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and

                     (g)  subsection 42S(4) and sections 131 and 145 of the Administration Act apply to the person as though the person remains a declared program participant;

                   for the person’s unemployment non‑payment period.

12  Effect of becoming or ceasing to be a declared program participant during an instalment period in which an instalment is to be reduced or a penalty is to be deducted

             (1)  If:

                     (a)  a person is not a declared program participant;

                     (b)  the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to the person;

                     (c)  the determination results in the reduction of an instalment of the person’s participation payment for one or more instalment periods;

                     (d)  the person subsequently becomes a declared program participant; and

                     (e)  one or more of the instalment periods has not ended on the day the person becomes a declared program participant;

                   then:

                      (f)  the instalment of the person’s participation payment for one or more instalment periods is to be reduced in accordance with the provisions in Division 3AA; and

                     (g)  subsection 42AN(6) of the Administration Act applies to the person as though the person was not a declared program participant until the end of the instalment period or periods.

             (2)  If:

                     (a)  a person is a declared program participant;

                     (b)  either before or after the person becomes a declared program participant, the Secretary makes a determination under Division 3A of Part 3 of the Administration Act in relation to the person;

                     (c)  the determination results in the deduction of a penalty amount from an instalment of the person’s participation payment for one or more instalment periods;

                     (d)  the person subsequently ceases to be a declared program participant; and

                     (e)  one or more of the instalment periods has not ended on the day the person ceases to be a declared program participant;

                   then:

                      (f)  the penalty amount is to be deducted in accordance with the provisions in Division 3A; and

                     (g)  sections 42W and 42X of the Administration Act apply to the person as though the person remains a declared program participant until the end of the instalment period or periods.

13  Effect of becoming a declared program participant during a period in which a participation payment is cancelled

                   If:

                     (a)  a person is not a declared program participant;

                     (b)  the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to a person;

                     (c)  the determination results in the cancellation of the person’s payment and participation payments not being payable to the person for a period (the post‑cancellation non‑payment period);

                     (d)  the person subsequently becomes a declared program participant; and

                     (e)  the person’s post‑cancellation non‑payment period has not ended on the day the person becomes a declared program participant;

                   then:

                      (f)  the participation payment remains cancelled;

                     (g)  a participation payment (whether or not the same as the participation payment that was cancelled) is not payable to the person; and

                     (h)  subsection 42AP(6) and section 42AQ of the Administration Act apply to the person as though the person was not a declared program participant;

                   for the person’s post‑cancellation non‑payment period.


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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Declared Program Participant) Determination 2018

15 June 2018 (F2018L00777)

1 July 2018 (s 2(1) item 1)

 

Social Security (Declared Program Participant) Amendment Determination 2019

28 Feb 2019 (F2019L00221)

1 Mar 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

am F2019L00221

 

ed C1

s 5.............................................

ed C1

s 6.............................................

ed C1

s 7.............................................

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Kind of editorial change

 

Updates to references of a law or a provision and changes to spelling

 

Details of editorial change

 

Schedule 1 item 1 of the Social Security (Declared Program Participant) Amendment Determination 2019 instructs to repeal the definition of Community Development Programme provider and substitute the definition of Community Development Program provider in subsection 4(1).

 

This compilation was editorially changed to update all cross‑references by omitting “Community Development Programme provider” and substituting “Community Development Program provider”, wherever occurring.

 

Subsection 4(2) contains the definition of serviced by a Community Development Programme provider. The spelling of “Programme” in this definition is now inconsistent with the spelling of “Program” in the related definition in subsection 4(1).

 

This compilation was editorially changed to update the defined term in subsection 4(2) by omitting “serviced by a Community Development Programme provider” and substituting “serviced by a Community Development Program provider”, bringing the instrument into line with legislative drafting practice.

 

This compilation was also editorially changed to update all cross‑references by omitting “serviced by a Community Development Programme provider” and substituting “serviced by a Community Development Program provider”, wherever occurring, bringing the instrument into line with legislative drafting practice.