I, ALAN TUDGE, Minister for Human Services, acting under subsection 124PG(1) of the Social Security (Administration) Act 1999 make this Determination.

Dated: 9 March 2016

1 Name of instrument

This Determination is the Social Security (Administration) (Trial Area  – Ceduna and Surrounding Region) Amendment Determination (No. 1) 2016.

2 Commencement

This Determination commences on the later of:

(a)          the day after it is registered on the Federal Register of Legislation; and

(b)          immediately after the commencement of the Social Security (Administration) (Trial Area – Ceduna and Surrounding Region) Determination 2015.

3 Schedules

Schedule 1 amends the Social Security (Administration) (Trial Area – Ceduna and Surrounding Region) Determination 2015.

Schedule 1 - Amendment

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

[1] Section 4, before the definition of “Act” insert:

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

[2] Section 4, before the definition of Part 3D payment nominee insert:

 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.

[3] Section 4, omit the definition of “Part 3D payment nominee” and substitute:

 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 the 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.

[4] At the end of subparagraph 6(a)(ii)

Insert:

(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

 [5] At the end of section 6

Insert:

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.