Social Security (Experiencing a Personal Financial Crisis) Instrument 2017

I, FINN PRATT, Secretary of the Department of Social Services, make the following instrument.

Dated 20 June 2017

FINN PRATT

Secretary of the Department of Social Services  

1  Name

  This instrument is the Social Security (Experiencing a Personal Financial Crisis) Instrument 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 19DA(5) of the Social Security Act 1991.

4  Definitions

  In this Instrument:

 Act means the Social Security Act 1991;

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

 extreme circumstance includes, but is not limited to:

(a)    a flood;

(b)    a fire;

(c)    an earthquake; and

(d)    a storm;

 humanitarian visa means:

(a)    a Subclass 200 (Refugee) visa;

(b)    a Subclass 201 (In-country Special Humanitarian) visa;

(c)    a Subclass 202 (Global Special Humanitarian) visa;

(d)    a Subclass 203 (Emergency Rescue) visa; and

(e)    a Subclass 204 (Woman at Risk) visa;

 start day means the day worked out in accordance with Schedule 2 to the Administration Act.             

 Note: The following expressions are defined in the Act:

• in gaol (see subsection 23(5)); and
• psychiatric confinement (see subsection 23(8)).

5  Experiencing a personal financial crisis

A person satisfies the circumstances in subsection 19DA(4) of the Act if at some time in the 4 weeks immediately before the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act):

(a)the person was in gaol or psychiatric confinement;

(b)the person:

(i)      first entered Australia; and

(ii)    was the holder of a humanitarian visa on that entry to Australia; or

(c)the person’s principal place of residence was lost or sustained major damage as a result of an extreme circumstance.